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Full-Text Articles in Legal History

Constance Baker Motley’S Forgotten Housing Legacy, Donovan J. Stone Dec 2021

Constance Baker Motley’S Forgotten Housing Legacy, Donovan J. Stone

Utah Law Review

Constance Baker Motley led the legal assault on Jim Crow and became the first Black woman appointed to the federal bench. She spent two decades with the NAACP’s Legal Defense and Educational Fund, assisting Thurgood Marshall in Brown v. Board of Education. Afterward, she desegregated the South’s public schools and universities and argued ten cases before the Supreme Court, winning nine. Motley also represented countless protestors jailed for their activism, including Martin Luther King, Jr.

Despite Motley’s achievements, scholars have largely overlooked her career. And those who have examined Motley’s work have generally focused on her efforts to dismantle school …


The Bystander In The Bible, The Reverend Doctor John C. Lenz Jr. Aug 2017

The Bystander In The Bible, The Reverend Doctor John C. Lenz Jr.

Utah Law Review

In this study I have set out to investigate the stories that Jews and Christians have told for over two thousand years. Surveying the Biblical literature, I have looked for verses, passages and stories related to the issue of the bystander’s duty to act on behalf of the victim. The issue of a person’s duty to help someone in need and to be proactively engaged on behalf of the most vulnerable is everywhere present in both the Hebrew and Christian scriptures. The Biblical proscriptions are not just suggestions to “do the right thing” but divine ethical demands to action on …


The Changing View Of The “Bystander” In Holocaust Scholarship: Historical, Ethical, And Political Implications, Victoria J. Barnett Aug 2017

The Changing View Of The “Bystander” In Holocaust Scholarship: Historical, Ethical, And Political Implications, Victoria J. Barnett

Utah Law Review

The role of “bystanders” has been a central theme in discussions about the ethical legacy of the Holocaust. In early Holocaust historiography, “bystander” was often used as a generalized catchall term designating passivity toward Nazi crimes. “Bystander behavior” became synonymous with passivity to the plight of others, including the failure to speak out against injustice and/or assist its victims. More recent scholarship has documented the extent to which local populations and institutions were actively complicit in Nazi crimes, participating in and benefitting from the persecution of Jewish citizens, not only in Germany but across Europe. This newer research has sparked …


International Military Tribunals’ Genesis, Wwii Experience, And Future Relevance, Henry Korn Aug 2017

International Military Tribunals’ Genesis, Wwii Experience, And Future Relevance, Henry Korn

Utah Law Review

Years after the prosecution of Nazi and Japanese war criminals, the United Nations created an International Criminal Tribunal as part of its commitment to bring to justice persons engaged in war crimes, as those crimes were defined during the WWII proceedings. Ultimately, specific tribunals, organized by the United Nations, were created to bring to justice war criminals. In 1993, a tribunal was formed to prosecute former Yugoslav officials and military personnel for atrocities committed during what is known as the Yugoslav wars. In 1994, a tribunal was formed to prosecute officials in Rwanda for evidence of ethnic genocides. There is …


Examining The Role Of Law Of War Training In International Criminal Accountability, Laurie R. Blank Aug 2017

Examining The Role Of Law Of War Training In International Criminal Accountability, Laurie R. Blank

Utah Law Review

Training and dissemination of the fundamental rules and principles of law of armed conflict (LOAC) is the first step in any process to ensure lawful military operations. A soldier, a military unit, an entire military must know the rules and parameters for appropriate, lawful and effective action during armed conflict. In the same manner, accountability for violations of LOAC — whether individual criminal accountability or state responsibility — is an equally essential tool for enforcing the law. Exploring the intersection between these two endpoints of the spectrum of LOAC implementation highlights how training and accountability can actually work together to …