Law Commons^™

Judicial Review As An Instrument Of Natural Rights Theory: An Intellectual History, James M. Masnov

Dissertations and Theses

The unique and antidemocratic power of judicial review by the United States Supreme Court is not a bug, but a feature. Its role was critical in establishing and affirming a separation of powers horizontally among the federal branches as well as vertically between the federal government and the individual states. More than this, the Court's power of judicial review acts as an instrument of rights theory and is informed by a rich and rarely-discussed intellectual history. Though judicial review as a mode of constitutional law and the legal history surrounding it has been discussed by various legal scholars, political scientists, …

Charles A. Moose: Race, Community Policing, And Portland's First African American Police Chief, Douglas Jon Kenck-Crispin

Dissertations and Theses

In 1993, Charles Moose became Portland, Oregon's first black police chief. A nationally recognized student of the developing theories of community policing, Chief Moose's promotion was also hoped to help strengthen the diversity of the Portland Police Bureau. Ultimately, Portlanders were unable to look past Moose's public outbursts and demeanor and recognize his accomplishments. As a city, they missed an opportunity.

This thesis uses transcripts of speeches and policy papers to present some political history to the reader, but also letters to the mayor's office, letters to the editor and the like to consider the social history of 1990's Portland. …

"On This, We Shall Build": The Struggle For Civil Rights In Portland, Oregon 1945-1953, Justin Legrand Vipperman

Dissertations and Theses

Generally, Oregon historians begin Portland Civil Rights history with the development of Vanport and move quickly through the passage of the state's public accommodations law before addressing the 1960s and 70s. Although these eras are ripe with sources and contentious experiences, 1945 to 1953 provide a complex struggle for civil rights in Portland, Oregon. This time period demonstrates the rise of local leaders, wartime racial tensions, and organizational efforts used to combat inequality. 1945 marked a watershed moment in Portland Civil Rights history exhibiting intergroup collaboration and interracial cooperation converging to eventually provide needed legislation. Although discrimination continued after 1953, …

Justice Brennan And The Bill Of Rights, David B. Brownhill

Dissertations and Theses

The research problem examined in my thesis is stated clearly in the title: Justice Brennan and The Bill of Rights. In my examination, I relied primarily on Brennan's opinions, and secondarily, on scholarly commentaries authored by Brennan and others. I located the cases through a combination of sources. Initially, I consulted the Harvard Law Reviews' "Supreme Court Term, (1956-1981) Term(s)," which is published annually in its November edition, and then, I turned to the writings by, and about, Brennan my findings show that Brennan's approach in these cases has evolved over the years toward a more absolutist one.

Background To The Second Amendment, John Thomas Nichols

Dissertations and Theses

Research into the background of the Second Amendment is hampered by its relationship to the current highly emotional debate over gun control. Many otherwise useful secondary sources either ignore the issue completely or give accounts which reflect the controversies of the twentieth century rather than those of the eighteenth. Fortunately, however, the Americans of the revolutionary era wrote extensively about the subject.

With independence, the Americans were faced with the problem of organizing and controlling a defense establishment. The new nation was virtually defenseless: the

Continental Army was disbanded and the militia, after years of neglect, emasculated. During the decade …