Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (120)
- University of Kentucky (109)
- University of Tennessee, Knoxville (30)
- Maurer School of Law: Indiana University (24)
- Chicago-Kent College of Law (16)
-
- Emory University School of Law (8)
- Rochester Institute of Technology (8)
- Roger Williams University (6)
- University of Michigan Law School (6)
- University of Pittsburgh School of Law (6)
- Duke Law (5)
- Cornell University Law School (4)
- The Catholic University of America, Columbus School of Law (4)
- Florida International University (3)
- Fordham University (3)
- Georgia State University College of Law (3)
- The University of Akron (3)
- City University of New York (CUNY) (2)
- Osgoode Hall Law School of York University (2)
- Purdue University (2)
- Santa Clara University (2)
- The Peter A. Allard School of Law (2)
- University at Buffalo School of Law (2)
- University of New Hampshire (2)
- Washington and Lee University School of Law (2)
- Western Kentucky University (2)
- American University in Cairo (1)
- Augustana College (1)
- Chapman University (1)
- Columbia Law School (1)
- Keyword
-
- Kentucky history (109)
- Representatives (109)
- Senators (109)
- State government (109)
- State legislature (109)
-
- Law (37)
- History (34)
- Knoxville (25)
- Law library (25)
- Legal history (25)
- Tennessee (25)
- University of Tennessee (25)
- Legal History (20)
- 125th anniversary (14)
- Chicago-kent (14)
- Constitutional law (11)
- Politics (11)
- Constitutional Law (9)
- Religion (8)
- Civil rights (7)
- Jurisprudence (7)
- American legal history (6)
- Constitution (6)
- Constitutional history (6)
- International Law (6)
- Supreme Court (6)
- Courts (5)
- Criminal law (5)
- Discrimination (5)
- Game design (5)
- Publication Year
- Publication
-
- Journals of the General Assembly of the Commonwealth of Kentucky (109)
- All Faculty Scholarship (75)
- Legal Oral History Project (47)
- College of Law Library History (30)
- Articles by Maurer Faculty (23)
-
- 125th Anniversary Materials (14)
- Articles (10)
- Faculty Articles (8)
- Book Chapters (6)
- Faculty Scholarship (6)
- Scholarly Articles (6)
- Cornell Law Faculty Publications (4)
- Presentations and other scholarship (4)
- School of Law Conferences, Lectures & Events (4)
- Digital Pedagogy: Medieval Londoners Mapping Project (3)
- FIU Electronic Theses and Dissertations (3)
- Faculty Publications By Year (3)
- Akron Law Faculty Publications (2)
- All Faculty Publications (2)
- Articles & Book Chapters (2)
- History (2)
- Journal Articles (2)
- Law Faculty Publications (2)
- A with Honors Projects (1)
- Austen Parrish (2014-2022) (1)
- CISLA Senior Integrative Projects (1)
- Center for LGBTQ Studies (CLAGS) (1)
- Communication (1)
- FORCES Initiative: Strategy, Security, and Social Systems (1)
- Faculty Works (1)
- File Type
Articles 1 - 30 of 394
Full-Text Articles in Legal History
Searching Govinfo.Gov/, Bert Chapman
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.
Une Histoire Pragmatique Du Politique, William J. Novak, Stephen W. Sawyer
Une Histoire Pragmatique Du Politique, William J. Novak, Stephen W. Sawyer
Articles
Comme le montre ce numero, nous ne sommes guere en manque de tentatives recentes de repenser l'histoire du politique. En effet, deux generations d'historiens ont deja produit un grand nombre de nouvelles approches et de perspectives a partir desquelles il est maintenant possible d'etudier l'histoire politique a nouveaux frais. Dans le contexte historiographique americain, nous avons ete temoins d'une serie de nouvelles approches allant de ce que l'on a appele la « nouvelle histoire sociale politique » des annees 1970 a l'effort des sciences sociales pour « repenser l'Etat » (Bringing the State Back In) dans les annees 1980 et …
Ella P. Stewart And The Benefits Of Owning A Neighborhood Pharmacy, Randall K. Johnson
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 …
Individual Rights Vs. Collective Value In Paragraph 218: The Role Of Political Tradition In The Development Of German Abortion Policy, Annie Morgan
CISLA Senior Integrative Projects
No abstract provided.
Warren Circuit Court - Warren County, Kentucky (Sc 3682), Manuscripts & Folklife Archives
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.
Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah
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 …
“The Glorious Liberty Of The Children Of God”: Toward A Christian Defense Of Human Rights, John Witte Jr.
“The Glorious Liberty Of The Children Of God”: Toward A Christian Defense Of Human Rights, John Witte Jr.
Faculty Articles
It will come as a surprise to some human rights lawyers to learn that Christianity was a deep and enduring source of human rights and liberties in the Western legal tradition. Our elementary textbooks have long taught us that the history of human rights began in the later seventeenth and eighteenth centuries. Human rights, many of us were taught, were products of the Western Enlightenment—creations of Grotius and Pufendorf, Locke and Rousseau, Montesquieu and Voltaire, Hume and Smith, Jefferson and Madison. Rights were the mighty new weapons forged by American and French revolutionaries who fought in the name of political …
The Politics Of The Self: Psychedelic Assemblages, Psilocybin, And Subjectivity In The Anthropocene, Joshua Falcon
The Politics Of The Self: Psychedelic Assemblages, Psilocybin, And Subjectivity In The Anthropocene, Joshua Falcon
FIU Electronic Theses and Dissertations
This dissertation examines how psychedelic substances become drawn into particular sociohistorical and political arrangements, and how psychedelic experiences with psilocybin ‘magic mushrooms’ are used as tools of subjectivation. Guided by literatures in philosophy, critical theory, and the social sciences that focus on subjectivity, assemblage theory, and critical posthumanism, I argue that psychedelics are drawn into variegated assemblages, each of which conceptualizes the nature of psychedelics in highly specific ways that reflect implicit conceptions of the world and the self. In developing the concept of psychedelic assemblages, this research provides a window onto the politics of the self in the Anthropocene. …
Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.
Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.
Faculty Articles
This Article peels through these layers of founding documents before exploring the final sixteen words of the First Amendment religion clauses. Part I explores the founding generation’s main teachings on religious freedom, identifying the major principles that they held in common. Part II sets out a few representative state constitutional provisions on religious freedom created from 1776 to 1784. Part III reviews briefly the actions by the Continental Congress on religion and religious freedom issued between 1774 and 1789. Part IV touches on the deprecated place of religious freedom in the drafting of the 1787 United States Constitution. Part V …
The Runaway Presidential Power Over Diplomacy, Jean Galbraith
The Runaway Presidential Power Over Diplomacy, Jean Galbraith
All Faculty Scholarship
The President claims exclusive control over diplomacy within our constitutional system. Relying on this claim, executive branch lawyers repeatedly reject congressional mandates regarding international engagement. In their view, Congress cannot specify what the policy of the United States is with respect to foreign corruption, cannot bar a technology-focused agency from communicating with China, cannot impose notice requirements for withdrawal from a treaty with Russia, cannot instruct Treasury officials how to vote in the World Bank, and cannot require the disclosure of a trade-related report. And these are just a few of many examples from recent years. The President’s assertedly exclusive …
Of Rights And Regulation, Stephen W. Sawyer, William J. Novak
Of Rights And Regulation, Stephen W. Sawyer, William J. Novak
Book Chapters
This chapter explores the development of social provisioning as a matter not of right but of democratic administration in France and the United States in the nineteenth century. The authors take issue with conventional chronologies of rights development, which see civil and political rights being developed in the eighteenth and nineteenth centuries, with social rights appearing in the twentieth. Such categories and sequencing obscure the ways in which democratic administrations took the problem of social provisioning seriously. A history of socio-economic rights cannot be distinguished from the less formal technologies of socio-economic regulation that were an integral part of the …
Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman
Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman
FORCES Initiative: Strategy, Security, and Social Systems
This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."
Addressing The Divisions In Antitrust Policy, Herbert J. Hovenkamp
Addressing The Divisions In Antitrust Policy, Herbert J. Hovenkamp
All Faculty Scholarship
This is the text of an interview conducted in writing by Professor A. Douglas Melamed, Stanford Law School.
We Have The Land Titles: Indigenous Litigants And Privatization Of Resguardos In Colombia, 1870s-1940s, Gloria Lopera
We Have The Land Titles: Indigenous Litigants And Privatization Of Resguardos In Colombia, 1870s-1940s, Gloria Lopera
FIU Electronic Theses and Dissertations
Pressures for the privatization of indigenous lands accompanied the making of nation-states in post-colonial Latin America and boosted the natives' quest for colonial legal documents suitable to prove their rights over indigenous communal landholdings (known in Colombia as "resguardos"). This dissertation compares the experiences of two communities - San Lorenzo and Cañamomo-Lomaprieta - engaging with the law and producing legal and historical evidence to respond to the privatization of their resguardos. These communities inhabit the municipalities of Riosucio and Supía (Caldas) in the Western Colombian Andes. While the study explores the genesis of San Lorenzo's and Cañamomo-Lomaprieta's …
L’Émergence D’Une Monarchie Française Indépendante, 1100-1314 : Le Rejet De La Suprématie Papale, Kent Mcneil
L’Émergence D’Une Monarchie Française Indépendante, 1100-1314 : Le Rejet De La Suprématie Papale, Kent Mcneil
Articles & Book Chapters
The struggle between the Pope and secular rulers of Western Europe for political supremacy was a dominant theme in the medieval world. The kings of France and England in particular asserted their authority and independence, leading to the development of nation states. This form of political organization was standardized in Europe in 1648 by the Peace of Westphalia and exported to the rest of the world through colonialism. This article tells the story of the power struggle between the Pope and the kings of France, from which the kings emerged victorious, contributing to the creation of the modern world.
Incitement, Insurrection, Impeachment: Inside The Second Trump Impeachment, Roger Williams University School Of Law, Michael M. Bowden
Incitement, Insurrection, Impeachment: Inside The Second Trump Impeachment, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
A Guide For Instructors And Students: Mld Mapping Project, Maryanne Kowaleski
A Guide For Instructors And Students: Mld Mapping Project, Maryanne Kowaleski
Digital Pedagogy: Medieval Londoners Mapping Project
This site contains instructions and other materials for a linked data digital project developed by Dr Maryanne Kowaleski and Ms Camila Marcone for two Fordham University courses in Fall 2020. The assignment required students to structure information found in medieval London property records into a spreadsheet that had columns corresponding to fields in the Medieval Londoners Database (MLD), an online searchable database of people who lived in London from c. 1190 to to c. 1520. Each person in the deed was noted in a separate row or record in the spreadsheet. Students next summarized the data about each property into …
A. Part I Mld Mapping Assignment And Instructions, Maryanne Kowaleski, Camila Marcone
A. Part I Mld Mapping Assignment And Instructions, Maryanne Kowaleski, Camila Marcone
Digital Pedagogy: Medieval Londoners Mapping Project
Notes the aims of the assignment, lists resources to help students do research on the deeds, and gives detailed instructions for A) structuring the data about people in the deed into the MLD Mapping Sheet and B) preparing the data about the property for entry into the online mapping platform, Layers of London, using the Layers of London Grid.
C. Mld-Mapping Dataset 1250-1334, Maryanne Kowaleski, Camila Marcone
C. Mld-Mapping Dataset 1250-1334, Maryanne Kowaleski, Camila Marcone
Digital Pedagogy: Medieval Londoners Mapping Project
The original dataset of London deeds selected for the undergrad students, taken from the website of The National Archives (TNA), E40 class, which took the deed abstracts from A Descriptive Catalogue of Ancient Deeds in the Public Record Office: Series A, 3837-6122; Series B, 3871-4232; Series C, 2916-3764; Series D. 1-1330. Ed. H C Maxwell Lyte. London, 1890. Includes the names of cataloguers assigned to these deeds, which were mapped on Layers of London.
Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad
Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad
Papers, Posters, and Presentations
In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.
Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …
Ostracism And Democracy, Alex Zhang
Ostracism And Democracy, Alex Zhang
Faculty Articles
The 2020 Presidential Election featured an unprecedented attempt to undermine our democratic institutions: allegations of voter fraud and litigation about mail-in ballots culminated in a mob storming of the Capitol as Congress certified President Biden’s victory. Former President Trump now faces social-media bans and potential disqualification from future federal office, but his allies have criticized those efforts as the witch-hunt of a cancel culture that is symptomatic of the unique ills of contemporary liberal politics.
This Article defends recent efforts to remove Trump from the public eye, with reference to an ancient Greek electoral mechanism: ostracism. In the world’s first …
"A Hussy Who Rode On Horseback In Sexy Underwear In Front Of The Prisoners": The Trials Of Buchenwald’S Ilse Koch, Mark A. Drumbl, Solange Mouthaan
"A Hussy Who Rode On Horseback In Sexy Underwear In Front Of The Prisoners": The Trials Of Buchenwald’S Ilse Koch, Mark A. Drumbl, Solange Mouthaan
Scholarly Articles
Ilse Koch’s trials for her role in atrocities at the Nazi Buchenwald concentration camp served as visual spectacles and primed her portrayal in media and public spaces. Koch’s conduct was credibly rumored to be one of frequent affairs, simultaneous lovers, and the sexual humiliation of prisoners. The gendered construction of her sexual identity played a distortive role in her intersections with law and with post-conflict Germany. Koch’s trials revealed two different dynamics. Koch’s actions were refracted through a patriarchal lens which spectacularized female violence and served as an optical space to (re)establish appropriate feminine mores. Feminist critiques of Koch’s trials …
Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb
Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb
Articles
This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …
The Munemitsu Legacy: The Japanese American Family Behind Mendez V. Westminster: California’S First Successful Desegregation Case, Annie Tang
Library Articles and Research
"Many Orange County, California schoolchildren know the name 'Mendez.' After all, the iconic name is front and center of the landmark civil rights case that desegregated several of the county’s public schools in 1947, preceding the 1954 Brown v. Board case on a national level. The Mendez family, one of five Latino families which challenged several school districts in the county on their practice of Mexican-only schools, had their name immortalized in history. But the Mendezes would not have been able to lead the legal charge if it was not for another family of color, the Munemitsus, the Japanese American …
Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber
Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber
Articles
This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
All Faculty Scholarship
This article stands at the intersection of women’s history and the history of citizenship, immigration, and naturalization laws. The first part of this article proceeds by examining the general legal status of women under the laws of coverture, in which married women’s legal existence was “covered” by that of their husbands. It then discusses the 1907 Expatriation Act, which resulted in women who were U.S. citizens married to non-U.S. citizens losing their citizenship. The following sections discuss how suffragists challenged the 1907 law in the courts and how passage of the Nineteenth Amendment—and with it a new concept of women’s …
Lost & Found: New Harvest, Owen Gottlieb, Ian Schreiber
Lost & Found: New Harvest, 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.
Set in Fustat (Old Cairo) in the 12th century, a great crossroads of Islam, Judaism, and Christianity. The Lost & Found games 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 …
Fixing America's Founding, Maeve Glass
Fixing America's Founding, Maeve Glass
Faculty Scholarship
The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …
Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber
Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber
Articles
Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.
The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen Tani
The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen Tani
All Faculty Scholarship
This essay, written for a symposium on the life and legacy of Charles Reich, explores how Reich came to be interested in the field of poverty law and, specifically, the constitutional rights of welfare recipients. The essay emphasizes the influence of two older women in Reich’s life: Justine Wise Polier, the famous New York City family court judge and the mother of one of Reich’s childhood friends, and Elizabeth Wickenden, a contemporary of Polier’s who was a prominent voice in social welfare policymaking and a confidante of high-level federal social welfare administrators. Together, Polier and Wickenden helped educate Reich about …