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Full-Text Articles in Legal History

Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr Jul 2019

Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr

Faculty Book Display Case

Would the United States have developed differently if Virginia had not passed a law in 1670 proclaiming all subsequently arriving Africans as servants for life, or slaves? What if the state had not stripped all Free Blacks and Indians of voting rights in 1723, or outlawed interracial sex for 337 years?

Complicated Lives upends the pervasive belief that all Africans landing on the shores of Virginia beginning in late August 1619, became slaves. In reality, many of these kidnap victims received the status of indentured servants. Indeed, hundreds of thousands of free African Americans in the South and North owned ...


50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe Mar 2019

50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe

St. Mary's Law Journal

Founded in 1969, the St. Mary’s Law Journal has climbed the road to excellence. Originally built on the foundation of being a “practitioner’s journal,” the St. Mary’s Law Journal continues to produce quality scholarship that is nationally recognized and frequently used by members of the bench and bar. From its grassroots origins to the world-class law review it is today, the St. Mary’s Law Journal continues to maintain its prestigious position in the realm of law reviews by ranking in the top five percent most-cited law reviews in federal and state courts nationwide.

In celebration of ...


The Lost & Found Game Series: Teaching Medieval Religious Law In Context, Owen Gottlieb, Ian Schreiber Aug 2018

The Lost & Found Game Series: Teaching Medieval Religious Law In Context, 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. The Lost & Found 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 in our pluralist democracy. The first game in the series is a strategy game called Lost & Found (high school and ...


A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton Apr 2018

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.


Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams Jan 2017

Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams

Honors Program: Student Scholarship & Creative Works

My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure ...


Civil And Common Law: A Historical Analysis Of Colonial And Postcolonial Canada, Patrick S. Stroud Apr 2015

Civil And Common Law: A Historical Analysis Of Colonial And Postcolonial Canada, Patrick S. Stroud

Butler Journal of Undergraduate Research

Legal historians divide European law into two principal families: common law (British law) and civil law (continental European law). Common law judges favor cases; courts “discover” law on a case-by-case basis and those cases make precedents for future ruling. Civil law courts favor codes; courts compare cases to existing laws and those laws control judges’ rulings. The two rarely interact, save one prominent example: Canada. British common law supposedly superseded French legal traditions in colonial Canada. But is history so binary? Did British common law truly “conquer” French civil law? Through analysis of Canadian legal history, this article demonstrates how ...


Crime And Sacred Spaces In Early Modern Poland, Magda Teter Jul 2010

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Magda Teter

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts ...


Crime And Sacred Spaces In Early Modern Poland, Magda Teter Jan 2010

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Division II Faculty Publications

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts ...


Relativism, Reflective Equilibrium, And Justice, Justin Schwartz Jan 1997

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into ...


The Roman Foundations Of European Law, William Ewald Jan 1994

The Roman Foundations Of European Law, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


Book 30 Jan 1944 - Nov 1945 Jan 1945

Book 30 Jan 1944 - Nov 1945

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Books sent to war prisoners; concerned about returned members of Armed Forces “pouring” into schools and colleges; End of World War II.


Book 29 July 1942 - Dec 1943 Jan 1943

Book 29 July 1942 - Dec 1943

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Alumni joining army; Female law students; War Effort Blackouts force library to close early at times; reports of alumni missing/killed in Europe; War Labor Conference.


Book 28 July 1, 1941 - June 24, 1942 Jan 1942

Book 28 July 1, 1941 - June 24, 1942

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Attack on Pearl Harbor on December 7, 1941; United States enters World War II; Dean goes to Chattanooga for a war conference; blackouts for war effort.


Book 27 July 1940-June 1941 Jan 1941

Book 27 July 1940-June 1941

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: A woman in the class of first year students using law library; Discussion of orientation classes in law school- law faculty wanting no orientation since professional school.


Book 26 July 1, 1939 - June 30, 1940 Jan 1940

Book 26 July 1, 1939 - June 30, 1940

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Harsh winter; considering facilitating the use of personally owned typewriters; Seniors drafted up a letter to the President protesting his lack of neutrality in public utterances; Chain letter circulated by 1st year student about keeping US out of war.


Book 25 July 1, 1938 - June 30, 1939 Jan 1939

Book 25 July 1, 1938 - June 30, 1939

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Mention of new Supreme Court building in Washington; funeral of Dean Massey; law library closed in afternoons during football games.


Book 24 July 1937 - June 1938 Jan 1938

Book 24 July 1937 - June 1938

College of Law Library History

Francis Apperson has joined library staff as Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Discussion how UT one of first law libraries to permit circulation; Constitution’s 150th Anniversary.


Book 23 July 29, 1936 - June 30, 1937 Jan 1937

Book 23 July 29, 1936 - June 30, 1937

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Law school closed while President comes through Knoxville; dedication of Ferris Hall; petition to increase open hours of library; Increasing library staff hours and schedule to 40 hours a week with vacation and student assistants.


May 1, 1933 - June 30, 1933 Jan 1933

May 1, 1933 - June 30, 1933

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: UT observes daylight savings hours; Controversy about daylight savings.


Oct. 1, 1931 - June 30, 1932 Jan 1931

Oct. 1, 1931 - June 30, 1932

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: One professor mentions that all of the “poor students” have been “eliminated” from his class due to cost of school; girl law students begin to regularly use the law library; Justice Holmes retires; State Bar Exam held in Knoxville.


May 19, 1931 - Sept 30, 1931 Jan 1931

May 19, 1931 - Sept 30, 1931

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. These librarians spent their days assisting patrons, binding books, record keeping, obtaining new material for the library and writing. Records indicate attendance, what students were studying and events in the community.


Book 14 July 1929 - June 1930 Jan 1930

Book 14 July 1929 - June 1930

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Judge Swiggart of State Supreme Court used library Oct. 12, 1929; Night school begins.


Book 13 Sept 1928 - June 1929 Jan 1929

Book 13 Sept 1928 - June 1929

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Library use greatly increasing; details decisions made to improve and expand the library, working with the Knoxville Bar Association.


Book 12 Sept 1927 - Aug 1928 Jan 1928

Book 12 Sept 1927 - Aug 1928

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Bar Library Members and Lawyers using; students required to register their hours spent in the library; October 5, 1927 exercises at Jefferson Hall in honor of Governor Peay; Judge McKinney of Court of Appeals used Library Oct 6, 1927; Judge Grafton Green Chief Justice of Tennessee Supreme Court used library on Oct 16, 1927; Judge Portrum of Civil Court of Appeals used library Juan 17, 1928.


Book 11 Mar - Sept 1927 Jan 1927

Book 11 Mar - Sept 1927

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: 1927 Rules of Knoxville Bar Library Association.


Book 10 Sept 1926 - Mar 1927 Jan 1927

Book 10 Sept 1926 - Mar 1927

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: School closed for East Tennessee Teacher’s Association meeting; law library moves to Tennessee Hall; Knoxville Bar Library books all moved to University of Tennessee Law Library.


Book 9 Feb - June 1926 Jan 1926

Book 9 Feb - June 1926

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Reported case of German Measles; Judge Jones visited trying to win votes; debate on Prohibition; talk about moving law library to Tennessee Hall.


Book 8 Sept 1925 - Jan 1926 Jan 1926

Book 8 Sept 1925 - Jan 1926

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: School closed for the Tennessee Valley Fair; low library attendance due to the World Series; class canceled for Tennessee v. Vanderbilt football game; State Board of Education meeting in Ayres Hall.


Book 7 Feb - May 1925 Jan 1925

Book 7 Feb - May 1925

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Trouble keeping order in the library; Tennessee Legislature Investigating Committee visits University of Tennessee.


Book 6 Jan 1924 - Jan 1925 Jan 1925

Book 6 Jan 1924 - Jan 1925

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Educational Association meetings; Judges of the Tenn. Supreme Court visit on October 30, 1924.