Law Commons^™

All Things To All People, Part One, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to dispose …

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.

Searching Govinfo.Gov/, Bert Chapman

Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.

Narratives Of Reproductive Control In The American Eugenics Movement, Cassandra M. Provost

Honors Theses

In this paper, I will explore the eugenics movement as a pseudo-scientific political, social, and legal phenomenon which had a devastating historical impact on America’s most vulnerable women, as well as briefly discuss its residual effects on contemporary reproductive rights conversations, through the lens of literature. Using an interdisciplinary discourse and narrative analysis approach, I identify two distinct themes within the explored narratives: (1) the importance of a government’s attempt to override a person’s autonomy by destroying the person’s ability to reproduce, and (2) the impropriety of actions based on a negative attitude toward disabled or undesirable persons. In my …

Porter Et Al. V. Mccormack Et Al. - Warren Circuit Court (Sc 3717), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 3717. Case file for L.R. Porter and Lizzie Porter v J. N. McCormack, John H. Blackburn, Henry James and Tom Potter (Warren County, Kentucky Circuit Court) relating to a restraining order secured by Luther R. Porter of Bowling Green to block the removal of his smallpox-infected daughter and the rest of the family to the local pest house. Includes affidavits of physicians, public health officials and locals familiar with the pest house. The restraining order was subsequently lifted by a Louisville judge. Also includes a 1902 Courier-Journal …

With Liberty And Justice For All? The U.S. Internment Of Japanese Peruvians During World War Ii, Catherine T. Meisenheimer Miss

Swarthmore Undergraduate History Journal

After the bombing of Pearl Harbor on December 7, 1941, the United States committed to a policy of interning more than 120,000 Japanese Americans. While Japanese American detention remains the most researched instance of wartime internment, the U.S. incarceration of Japanese Peruvians merits equal attention. The political forces behind Japanese Peruvian internment transcended the more common explanations that haunt so much of literature today. Racism and hysteria played their respective roles in this history of wartime internment, but as the war progressed, other reasons for Japanese internment emerged. On January 4, 1942, the Japanese began interning American civilians in the …

The United States And The Need For An Improved Global Citizenship In The Twenty-First Century: How History Shaped Our Identity As A Nation, Karin Mika

Cleveland State Law Review

This Article describes how accidents of geography and history enabled the United States to become the global power that it has become. It examines how the extended warring in Europe during the Eighteenth and Nineteenth century allowed the United States to develop as a country without the repeated necessity of continually rebuilding, as was happening in Europe. The Article explores how the isolation of the United States enabled it to develop continuity in its initially experimental political system—a continuity that was never available to Europe. These factors enabled the United States to be in the position of being able to …

Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki

Publications and Research

Review of the book Denial of Genocides in the Twenty-First Century, edited by Bedross Der Matossian.

Johnson, John T., 1820-1875 (Sc 3699), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 3699. Case file for T. T. Melburn v. John T. Johnson, U.S. District Court for the District of Kentucky, filed 26 May 1870. Petitioner Melburn, a carpenter and stair builder of Bowling Green, Kentucky, sought an accounting for transactions during his 1869-1870 partnership with Johnson, also a carpenter, of Woodburn, Kentucky, claiming that Johnson had misappropriated assets of the firm and had committed an act of insolvency by transferring land to a relative. The inquiry, conducted by Warner Underwood as Register in Bankruptcy, included depositions from …

Whittle, Joseph Merle, B. 1933 (Mss 756), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 756. Correspondence and papers of Joseph M. Whittle, a Grayson County attorney who served as U.S. Attorney for the Western District of Kentucky from 1986-1993.

Review Of Freedom Church Of The Poor: Martin Luther King Jr.’S Poor People’S Campaign, Danny Duncan Collum

The Journal of Social Encounters

No abstract provided.

A Christian Case For Racial Reparations, Daniel Philpott

The Journal of Social Encounters

National healing for the persistent wounds of racism, America’s original sin, can be advanced through a national apology, reparations and forgiveness. The frequent practice of apologies and reparations around the world in the past generation provide precedent for such measures. Christianity’s teaching of reconciliation and accompanying notions of sin, repentance, forgiveness, and atonement provide a strong moral basis for these measures and resonate with the rationales through which the United States’s greatest champions of civil rights and equality have fought against racism and slavery. Because racism and slavery were supported with the sanction of the state, in the name of …

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.

Physical Accessibility And Historic Preservation In Historic House Museums Of The Southeast, Abby Milonas

All Theses

Museums are a public good, as they provide educational recreation and preserve cultural history, and so it is crucial that they are physically accessible to as many visitors as possible. The aim of this study was to understand what architectural features of historic house museums are the least accessible and what has been done to ameliorate these challenges. The survey used in the study was developed using the guidelines for making historic buildings accessible as described in the Americans with Disabilities Act and the Uniform Federal Accessibility Standards. It was distributed by email to representatives of 220 historic sites, of …

Ella P. Stewart And The Benefits Of Owning A Neighborhood Pharmacy, Randall K. Johnson

Faculty Works

This Essay is the first to explain how and why Ella P. Stewart, who was among the first Black women to earn a doctoral degree in Pharmacy, used her status as a small business owner to protect the limited set of legal rights that were available to African-Americans in the twentieth century. It also describes how Stewart’s early personal and professional experiences informed her subsequent public service career. Additionally, this Essay highlights the various ways that Stewart expanded the real freedoms that Black Americans enjoyed by guaranteeing they received a fair share of public goods or services. It concludes by …

Cuban Embargo: An Insufficient Measure To Encourage Us Foreign Policy Interests, Esme Jm Prowse

Major Papers

This major paper examines the Cuban embargo as an ineffective hard power policy and explores the potential of soft, hard, and smart power as alternative approaches to resolve the failures of the 60-year-old blockade. The paper analyzes the historical context and rationale behind the embargo and assesses its impact on Cuban-American relations, regional stability, and U.S. national interests. The study argues that the embargo has failed to achieve its intended goals and has instead perpetuated a cycle of hostility, isolation, and human rights abuses. By drawing on the theoretical frameworks of soft, hard, and smart power, the paper presents policy …

The Railsplitter And The Pathfinder: The Relationship Between Abraham Lincoln And John C. Frémont, Kourtney Yantis

Electronic Theses & Dissertations

This study serves as an analysis of the connections between Abraham Lincoln as President of the United States and John Charles Frémont as a Civil War general. Lincoln’s position within history is solid, unlike that of John C. Frémont. The thesis will elevate Frémont to a higher status as a historical figure by arguing that the emancipation edict that he issued for Missouri in August of 1861 would influence Abraham Lincoln’s preliminary emancipation proclamation of September 1862, even though Lincoln repealed Frémont’s decree. In biographies of each man, their interactions are merely a small part of the stories of their …

U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of U.S. Government information resources documenting accountability for U.S. civilian and military assistance to Ukraine. Includes U.S. laws, agencies involved in U.S. arms export policy, Defense Department resources and data, Defense Dept. Inspector General reports, Government Accountability Office reports, congressional committee hearings, a letter from a congressional committee to the Secretaries of Defense and State and U.S. Agency for International Development administrator, congressional debate, and congressional recorded votes.

Warren Circuit Court - Warren County, Kentucky (Sc 3682), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 3682. Images of two seals of the Warren County (Kentucky) Circuit Court, one affixed to documents dated 1825 and 1839, and the other to a document dated 1860, together with a letter from the Court Administrator with historical background. Also includes a paper by an unknown author describing the Warren County Court of Quarter Sessions and a few early indictments.

An Expedition To Public Lands, Matthew B. Olsen

CAFE Symposium 2023

A look into common ideas appearing in the US public land system. These ideas include "nature as commodity," "nature as unpeopled," and "nature as pristine." The specific areas looked into are Havasu National Wildlife Refuge, Prescott National Forest, Grand Canyon National Park, Gold Butte National Monument, and Death Valley National Park.

Expedition To Washington State: The Pacific Crest Trail, Mt. Rainier, Okanogan-Wenatchee, And Lake Chelan, Riley J. Nolan

CAFE Symposium 2023

Within the United States there are many different agencies that have been tasked with the management of America's Public Lands. Due to America's unique inception, there are many different ideas and concepts that affect how we view these same land units today. This poster delves into four specific land units in Washington State (The Pacific Crest National Trail, the Lake Chelan National Recreation Area, The Okanogan-Wenatchee National Forest, and Mount Rainier National Park) to discuss each area's history and management issues, as well as discuss the effects of society's preconceived notions on each destination. Finally, the poster also discusses what …

Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …

The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud

Doctorate in Education

This study's objective investigates the viewpoints held by Black women in two urban areas of Minnesota about the social upheaval that followed the murder of George Floyd in 2020 for using a counterfeit $20 bill. In the last decade, police killings of innocent Black people in the United States have received more attention, and Floyd's death is only one example of this phenomenon. In the U.S., the likelihood of a police officer taking the life of a Black man is higher than that of a White man. Between 2013-2019 there have been 1,641 fatal shootings of defenseless Black men by …

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.

Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah

Book Chapters

In an increasingly globalized world, a world in flux, which is constantly subject to rapid circulation of information, change is a dimension that we all experience in our lives with ever increasing frequency. Change, be it that of customs and fashion or that of laws and systems of government, is something which now seems impossible to escape. Change is an integral part of our unstable contemporaneity.

This is not only a continuous change but also a rapid one. In such a social and political environment, at a global and local level, it is more and more difficult to find a …

Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham

University of Colorado Law Review

No abstract provided.

Slave Law, Race Law, Gabriel J. Chin

University of Colorado Law Review

No abstract provided.

From Fashion, To Violence, To A Forgotten Era: The Zoot Suit And Mexican-American Youth Culture In 1940’S America, Adelaide Iris Ord Treadwell

Senior Projects Spring 2023

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

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.