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Articles 1 - 9 of 9
Full-Text Articles in Legal History
Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin
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 his …
Liberal Translations: Secular Concepts, Law, And Religion In Colonial Egypt, Jeffrey Culang
Liberal Translations: Secular Concepts, Law, And Religion In Colonial Egypt, Jeffrey Culang
Dissertations, Theses, and Capstone Projects
This dissertation is a conceptual history of Egypt’s national formation between the 1880s and the 1930s. This period involved the convergence of nationalism, colonial rule, missionary activity, and new modes of governance at the national and international levels. Drawing on state and missionary archival material, periodicals, legal compendia, laws, and parliamentary transcripts, and adapting methods developed by Reinhart Koselleck, I trace shifts within Egypt’s socio-political lexicon through processes of translation and demonstrate their effects upon social experience and political aspiration. I focus on a set of liberal-secular concepts critical to national politics—religious freedom, public interest, nationality, and the minority—as they …
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
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
The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez
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
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.
Destruction Of Democracy: Examining Voting In The Wake Of Shelby County, Henry R. Butler
Destruction Of Democracy: Examining Voting In The Wake Of Shelby County, Henry R. Butler
Senior Theses and Projects
No abstract provided.
Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar
Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar
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 subsidiary objectives. The …
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
CMC Senior Theses
This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division v. Smith …
Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino
Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino
Senior Projects Spring 2017
The fall of the Soviet Union in combination with the failures of the international community to intervene in the genocides of the former Yugoslavia and Rwanda spurred a new enthusiasm for human rights as a wholly independent movement, termed the human rights wave. This paradigm shift, identified by Stefan-Ludwig Hoffmann, was an embrace of human rights rooted in the redemption of past wrongs. This project is structured as a jurisprudential genealogy that will explore the human rights wave in the context of the Women’s Caucus for Gender Justice, a facet of the transnational women’s network, and their quest to mainstream …