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2017

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Full-Text Articles in Legal History

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb Dec 2017

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team found ...


Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin Dec 2017

Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin

Seton Hall University Dissertations and Theses (ETDs)

In May 1861, President Abraham Lincoln's decision to suspend habeas corpus in Baltimore following an attack on Federal troops as they marched through Baltimore on April 19th to answer Lincoln’s call to defend the Capitol. To complicate matters further, Congress was still in recess, so they could not legislate a solution to the growing insurgency. In order to check these actions, Abraham Lincoln authorized General Scott to suspend Habeas Corpus between Baltimore and Philadelphia. When John Merryman was arrested, detained, and denied habeas corpus, Chief Justice Roger B. Taney issued an in-chambers decision, Ex Parte Merryman, to voice ...


Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy Dec 2017

Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy

The Downtown Review

Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the ...


The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen Nov 2017

The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen

Matthew Steilen

This Article is a historical study of the Case of Josiah Philips. Philips led a gang of militant loyalists and escaped slaves in the Great Dismal Swamp of southeastern Virginia during the American Revolution. He was attainted of treason in 1778 by an act of the Virginia General Assembly, tried for robbery before a jury, convicted and executed. For many years, the Philips case was thought to be an early example of judicial review, based on a claim by St. George Tucker that judges had refused to enforce the act of attainder. Modern research has cast serious doubt on Tucker ...


An Unsung Success Story: A Forty-Year Retrospective On U.S. Communications Policy, Christopher S. Yoo Nov 2017

An Unsung Success Story: A Forty-Year Retrospective On U.S. Communications Policy, Christopher S. Yoo

Faculty Scholarship at Penn Law

Looking backwards on the occasion of Telecommunications Policy’s fortieth anniversary reveals just how far U.S. communications policy has come. All of the major challenges of 1976, such as promoting competition in customer premises equipment, long distance, and television networking, have largely been overcome. Moreover, new issues that emerged later, such as competition in local telephone service and multichannel video program distribution, have also largely been solved. More often than not, the solution has been the result of structural changes that enhanced facilities-based competition rather than agency-imposed behavioral requirements. Moreover, close inspection reveals that in most cases, prodding by ...


Dean's Desk: Past And Present, Women Play Key Roles At Iu Maurer, Austen L. Parrish Nov 2017

Dean's Desk: Past And Present, Women Play Key Roles At Iu Maurer, Austen L. Parrish

Austen Parrish (2014-)

Under first lady Laurie Burns McRobbie’s leadership, Indiana University founded Women’s Philanthropy as one way to celebrate alumnae leadership and to make the achievements of our most talented and trailblazing women graduates more visible. As the IU Maurer School of Law’s 175th year draws to a close, consistent with these larger University efforts, it’s an opportune time to celebrate some of the law school’s extraordinary women graduates. Their stories are powerful and inspiring, and I’m pleased to share just a few.


The Progressives: Racism And Public Law, Herbert J. Hovenkamp Nov 2017

The Progressives: Racism And Public Law, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?

When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that ...


Gangs And The Culture Of Violence In El Salvador (What Role Did The Us Play?), Norma Roumie Oct 2017

Gangs And The Culture Of Violence In El Salvador (What Role Did The Us Play?), Norma Roumie

The Great Lakes Journal of Undergraduate History

Gang violence in El Salvador has resulted in conditions that have perpetuated an environment of terror and culture of violence. This paper aims to understand the emergence of transnational gangs in El Salvador and the US involvement in this process. The article is divided into the following subtitles; 1980s civil war and the repercussions of US involvement, Salvadorans migration to the US and reverse migration (with a focus on Los Angeles and San Salvador), and US exportation of heavy-handed policies to El Salvador’s institutionalized use of political violence. The paper concludes that US involvement in El Salvador created a ...


Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes Oct 2017

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting ...


The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn Sep 2017

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of ...


No Justice Without Narratives:Transition, Justice And The Khmer Rouge Trials, Tallyn Gray Dr Jul 2017

No Justice Without Narratives:Transition, Justice And The Khmer Rouge Trials, Tallyn Gray Dr

Transitional Justice Review

The article addresses the relationship between the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the supposed constituents of that transitional justice institution. The article sets out to offer a sociological methodology that TJ mechanism could contemplate in the process of enabling victims/witnesses to narrate justice and transition in their own terms and using Cambodia as a case study. It offers a theoretical and methodological approach to be reflected upon by transitional justice scholars and practitioners, which may enable a more victim-centered attitude in practical interactions with atrocity survivors ( not a cure-all policy solution ). My own research has ...


La Vida Y Andanzas De Un Libro Antiguo En Nueva España Y La Península Ibérica. Cultura Escrita En La Obra Hierofánica Del Doctor Don Alonso Alberto De Velasco, Raul Manuel Lopez Bajonero Jun 2017

La Vida Y Andanzas De Un Libro Antiguo En Nueva España Y La Península Ibérica. Cultura Escrita En La Obra Hierofánica Del Doctor Don Alonso Alberto De Velasco, Raul Manuel Lopez Bajonero

Electronic Thesis and Dissertation Repository

In 1688 a legal text, Renovación, was printed in Mexico City, the capital of the Viceroyalty of New Spain, that explains a twelve year trial that focuses on determining if a 16th century sculpture miraculously renewed itself. The final decision came from the Archbishop of Mexico City. A year after the book’s publication, the sculpture was recognized as miraculous. In 1699, ten years after this event, the author of Renovación wrote another book that narrates the same sculpture's history, Exaltación, but addressed a wider audience, and from a religious and pious perspective. The Exaltación was republished a ...


The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez Jun 2017

The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez

All Dissertations, Theses, and Capstone Projects

The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status ...


Telling A Story, Changing The World: California Rural Legal Assistance, Jonathan J. Chavez May 2017

Telling A Story, Changing The World: California Rural Legal Assistance, Jonathan J. Chavez

Capstone Projects and Master's Theses

This capstone project attempts to provide an in-depth view of how stories influence change in our lives as well as in the field of law.


Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi Apr 2017

Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi

Political Science Honors Projects

What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus ...


The Courts And Foreign Affairs At The Founding, Kevin Arlyck Feb 2017

The Courts And Foreign Affairs At The Founding, Kevin Arlyck

BYU Law Review

No abstract provided.


Robert Morris: Lawyer & Activist, Laurel Davis Feb 2017

Robert Morris: Lawyer & Activist, Laurel Davis

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2017 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit explored the life and career of Robert Morris, the second African-American lawyer in the Unites States. Materials from the John J. Burns Library at Boston College and the Boston Athenaeum were featured.


Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar Feb 2017

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

All Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three ...


The Return Of The Self, Or Whatever Happened To Postmodern Jurisprudence, Stephen M. Feldman Jan 2017

The Return Of The Self, Or Whatever Happened To Postmodern Jurisprudence, Stephen M. Feldman

Washington University Jurisprudence Review

Postmodern jurisprudence was all the rage in the 1990s. Two of the most renowned postmodernists, Stanley Fish and Pierre Schlag, both persistently criticized mainstream legal scholars for believing they were modernist selves—independent, sovereign, and autonomous agents who could remake the social and legal world merely by writing a law review article. Then Fish and Schlag turned on each other. Each attacked the other for making the same mistake: harboring a modernist self. I revisit this skirmish for two reasons. First, it helps explain the current moribund state of postmodern jurisprudence. If two of the leading postmodernists could not avoid ...


East West Street: Personal Stories About Life And Law, Philippe Sands Jan 2017

East West Street: Personal Stories About Life And Law, Philippe Sands

Washington University Global Studies Law Review

No abstract provided.


Law Without Absolutes: Toward A Pragmatic Science Of Law, Jd Hsin Jan 2017

Law Without Absolutes: Toward A Pragmatic Science Of Law, Jd Hsin

Washington University Jurisprudence Review

Although today the very idea of a science of law—the thought that law could be made a science like any other taught and studied at a modern university—has the ring of an oxymoron, this piece argues that the rejection of legal science was not only overhasty but unnecessary. There is a sense in which we can see law as a science, it argues, but only once we come to see more clearly and accurately just why the tradition of legal science begun in the earliest days of the Western legal tradition and brought to America by Christopher Columbus ...


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 ...


Intersectionality And The Constitution Of Family Status, Serena Mayeri Jan 2017

Intersectionality And The Constitution Of Family Status, Serena Mayeri

Faculty Scholarship at Penn Law

Marital supremacy—the legal privileging of marriage—is, and always has been, deeply intertwined with inequalities of race, class, gender, and region. Many if not most of the plaintiffs who challenged legal discrimination based on family status in the 1960s and 1970s were impoverished women, men, and children of color who made constitutional equality claims. Yet the constitutional law of the family is largely silent about the status-based impact of laws that prefer marriage and disadvantage non-marital families. While some lower courts engaged with race-, sex-, and wealth-based discrimination arguments in family status cases, the Supreme Court largely avoided recognizing ...


Western Shoshone Treaty Activism, Us Indian Claims Law & Human Rights Violations, Nathan Brien Jan 2017

Western Shoshone Treaty Activism, Us Indian Claims Law & Human Rights Violations, Nathan Brien

Undergraduate Honors Theses

This project follows the treaty-based legal efforts of sisters Mary and Carrie Dann in their fight to assert Western Shoshone land rights against the US government. Beginning with a 1952 claims case before the Indian Claims Commission, the US attempt to make restitutions for the wrongful taking of Western Shoshone lands itself threatened persistent Shoshone treaty rights. The Dann sisters, along with other, self-described Western Shoshone “traditionals”, undertook to reverse the federal liquidation of Shoshone treaty rights, engaging federal claims commissioners, attorneys, and courts along the way. Their legal activism relied heavily on the assertion of sovereign rights under the ...


Lost & Found: Order In The Court -- The Party Game, Owen Gottlieb, Ian Schreiber Jan 2017

Lost & Found: Order In The Court -- The Party Game, 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 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 in our pluralist democracy.

The second game in the series, Lost & Found: Order in the Court – the Party Game (jr. high and up) is a fast-paced storytelling and judging game. Players compete to tell the best story about how a medieval legal ruling may have gotten to court in the first place. The game emphasizes legal reasoning.

Both this game and the original Lost & Found games are set in Fustat (Old Cairo) in the 12th Century, a crossroads of religions. Lost & Found and Order in the Court both teach elements of the Mishneh Torah, the Jewish legal code written by Moses Maimonides. Maimonides was influenced by the works of Islamic legal scholars and philosophers such as Ibn Rushd (Averroes) and Al Ghazahli; he also influenced Islamic scholars.


Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt Jan 2017

Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt

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 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 in our pluralist democracy.

The first game in the series is a strategy game called Lost & Found (high-school and up). In Lost & Found, players take on the role of villagers who must balance family needs with communal needs. They must balance cooperative actions even while addressing individual needs. The game emphasizes the pro-social aspects of religious legal systems including collaboration and cooperation.

Both this game and the second game in the series (Order in the Court) are set in Fustat (Old Cairo) in the 12th Century, a crossroads of religions. Lost & Found and Order in the Court both teach elements of the Mishneh Torah, the Jewish legal code written by Moses Maimonides. Maimonides was influenced by the works of Islamic legal scholars and philosophers such as Ibn Rushd (Averroes) and Al Ghazahli; he also influenced Islamic scholars.


Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris Jan 2017

Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris

Faculty Publications

Property rights, wrote Morris Cohen in 1927, are delegations of sovereign power. They are created by the state and operate to establish limits on its power. As such, the allocation of property rights is an exercise of sovereignty and a limited delegation of it. Sixty years later, Joseph Singer used Cohen’s conceptual framing in a critical review of developments in American Indian law. Where the US Supreme Court had the opportunity to label an American Indian interest as either a sovereign interest or a property interest, he argued, it invariably chose to the disadvantage of the Indians. Within Canada ...


Finding The Sovereign In Sovereign Immunity: Lessons From Bodin, Hobbes, And Rousseau, David Schraub Dec 2016

Finding The Sovereign In Sovereign Immunity: Lessons From Bodin, Hobbes, And Rousseau, David Schraub

David Schraub

The doctrine of “sovereign immunity” holds that the U.S. government cannot be sued without its consent. This is not found in the Constitution’s text; it is justified on philosophical grounds as inherent to being a sovereign state: a sovereign must be able to issue commands free from constraint. The sources of this understanding of sovereignty—Hobbes, Bodin, and others—are, in turn, condemned by opponents of sovereign immunity as absolutists whose doctrines are incompatible with limited, constitutional government. This debate, and thus the usual conception of sovereign immunity, rests on a fundamental mistake. Hobbes and his peers were ...