Law Commons^™

Review Of: The Amish Incident: Rural Conflict And Compromise And The Amish Incident: Wisconsin V. Yoder—Kelly Rundle And Tammy Rundle, Jewel Yoder Kuhns

Journal of Amish and Plain Anabaptist Studies

Award-winning documentary filmmakers Kelly and Tammy Rundle have created two short films focusing on historical conflicts over parochial Amish education in Wisconsin and Iowa. Their first film, The Amish Incident: Rural Conflict and Compromise, released in 2019, follows the rising controversy in rural Buchanan County, Iowa, from the bitterly contested 1961 vote to merge two school districts in neighboring towns Oelwein and Hazleton to the dramatic 1965 “incident” when education officials tried to forcibly transport Amish students to the local public school. The second film, The Amish Incident: Wisconsin v. Yoder, released in 2021, picks up the story …

Symposium Review: Amish And Old Order Mennonite Schools: A Concise History—Joseph Stoll; And The School By The Cornfield—Samuel Coon, Jewel Yoder Kuhns, Daniel L. Yoder

Journal of Amish and Plain Anabaptist Studies

Joseph Stoll, in Amish and Old Order Mennonite Schools: A Concise History, and Samuel Coon, in The School by the Cornfield, provide two very different perspectives on the struggle to establish Anabaptist schools. The books contrast primarily in their geographic and chronological scope. However, both write about parochial schools with a voice sympathetic to the vision of Amish and Mennonite school founders. They use similar sources, drawing on newspaper accounts, published Amish schools’ histories, and Amish and Mennonite periodicals, as well as personal recollections from individuals involved in school conflicts. [First paragraph.]

The Gravamen Of Wisconsin V. Yoder At Fifty, 1972-2022, Benjamin King

Journal of Amish and Plain Anabaptist Studies

After an arduous journey of more than four years that Wallace Miller, Jonas Yoder, and Adin Yutzy began in New Glarus, WI, the U.S. Supreme Court handed down its landmark decision in Wisconsin v. Yoder , 406 U.S. 205 on May 15, 1972. In affirming the Supreme Court of Wisconsin’s decision reversing the convictions of Miller, Yoder, and Yutzy (Respondents) for violating the compulsory school attendance statute, the U.S. Supreme Court found that enforcement of the statute violated the Respondents’ rights pursuant to the free exercise of religion clause conferred by the First Amendment and made applicable to the states …

The Ramifications Of Wisconsin V. Yoder: Six Foundational Problems With A 50-Year Old Landmark Case, Torah Bontrager

Journal of Amish and Plain Anabaptist Studies

My essay introduces the 1972 United States Supreme Court case Wisconsin v. Yoder to readers who don’t come from a legal background who want to understand the negative ramifications of the case and how it affects their individual rights. Yoder says that children of practicing Amish don’t have a right to any education and future other than one inside the Amish Church. My essay deconstructs the case from the perspective of an Amish American woman— yours truly — who escaped in the middle of the night at age 15 because of how this ruling has shaped the Amish people. I …

Murder And Massacre In Seventeenth Century England, Andrew Quesenberry

Williams Honors College, Honors Research Projects

Religion was almost always involved in murder and massacre during seventeenth century England, if not in its content, then at least in its interpretation. This work will support this assertion by examining multiple case studies of murder in seventeenth century England, which will simultaneously give the reader a more complete picture of the nature of homicide during the period. Specifically, the case studies consist of both homicides and infanticides, and explore the relation of the Devil to violent crime in seventeenth century England.

Biographical Data And Black Box Empiricism: Lessons Learned For Algorithmic Assessments In Personnel Selection, Ketaki Sodhi, Marc Cubrich

Psychology from the Margins

As the popularity of biodata in selection assessments grew in the 1980s and into the 1990s, the field of industrial and organizational psychology witnessed many attempts to develop biodata theories and guide the development of biodata items. The insights that emerged from this body of research are increasingly relevant in the current era of big data, artificial intelligence (AI), and machine learning. More than ever, AI and machine learning are being used to score candidates and make hiring recommendations. Many organizations are using data-driven approaches to develop machine learning and AI algorithms, which are frequently atheoretical, based on correlations or …

The Vampire That Refused To Die: Dracula And Nosferatu, Louis J. D'Alton

Proceedings from the Document Academy

This paper considers the efforts of the Stoker estate to stop an infringing work, Nosferatu, in a new medium while simultaneously attempting to create new vehicles to exploit the legacy of Dracula. Focusing on the works as they pass and transform through overlapping and related frames allows the consideration of both the private and public lives of the document. It also highlights the limitations of policy frames and the continuing relevance of these historical processes in discussions of the document.

Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller

Williams Honors College, Honors Research Projects

My specific research question that I will be addressing through my Honors Research Project is; Does one’s race influence their opinions and criminalization of abortion in the United States? In addition to this question I will be discussing if these views have changed over time depending on race, and how their backgrounds, due to their race, may differentiate these views.

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.

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Faculty Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

Union And States’ Rights: A History And Interpretation Of Interposition, Nullification, And Secession 150 Years After Sumter, Neil H. Cogan

University of Akron Press Publications

Edited by Neil H. Cogan, who is a well-versed legal scholar of constitutional law, civil rights, and civil and criminal procedures, this volume is a collection of papers on a central issue of governance in the United States; namely, what is the power of the States to object to and cancel Federal law with which they disagree. For eighty-one years, from the ratification of the Constitution to the end of the Civil War, this issue of State power was the central issue of governance. Chapters address the history and legal arguments for three assertions of such State power: interposition, nullification, …

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 …

Infinite Hope And Finite Disappointment: The Story Of The First Interpreters Of The Fourteenth Amendment, Elizabeth Reilly

University of Akron Press Publications

Infinite Hope and Finite Disappointment details the aspirations and promises of the 14th Amendment in the historical, legal, and sociological context within which it was framed. Part of the Reconstruction Amendments collectively known as "The Second Founding," the 14th Amendment fundamentally altered the 1787 Constitution to protect individual rights and altered the balance of power between the national government and the states. The book also shows how initial Supreme Court interpretations of the Amendment's reach hindered its applicability. Finally, the contributors investigate the current impact of the 14th Amendment.

Contents Infinite Hope: The Framers as First Interpreters The Antebellum Political …

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Faculty Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

Law, History, And Feminism, Tracy A. Thomas

Akron Law Faculty Publications

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …

Law, History, And Feminism, Tracy A. Thomas

Tracy A. Thomas

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Tracy A. Thomas

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

140th Anniversary Symposium: Fourteenth Amendment Citizenship And The Reconstruction-Era Black Public Sphere, James Fox

Con Law Center Articles and Publications

This project delves more deeply into the possible meanings of constitutional citizenship.. Somewhat in the tradition of the popular constitutionalism scholars, it proposes that the best source for meanings of constitutional citizenship will come not from traditionally originalist sources but from those who attempted to redefine citizenship in a more egalitarian and democratic manner and who established, both in word and in practice, meanings for citizenship on the ground. This argument borrows a theoretical framework from political and social theory: the theories of civil society and the public sphere. This captures—in ways often missed by both legal scholars and historians—the …

Expanding Preferential Treatment Under The Record Rental Amendment Beyond The Music Industry, Ryan G. Vacca

Akron Law Faculty Publications

This Article explores the development of copyright law’s first sale doctrine and the Record Rental Amendment (RRA) in light of the Sixth Circuit’s interpretation of the RRA in Brilliance Audio, Inc. v. Haights Cross Communications, Inc. This Article does not take issue with the court’s conclusion, but instead uses the differing conclusions of the majority and dissent to illustrate that the RRA exception is in need of Congressional clarification. This Article also examines whether the Record Rental Amendment should be amended to include audiobooks and other non-musical works, concluding that they should. The author then proposes two alternative amendments to …