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Full-Text Articles in Legal Studies

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili Dec 2013

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …


Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner Nov 2013

Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the choices underlying various clauses. However, no delegate had access to the official journal of the constitutional convention.


Table Annexed To Article: Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter J. Aschenbrenner Oct 2013

Table Annexed To Article: Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the choices behind various clauses. However, no delegate had access to the official journal of the constitutional convention.


Table Annexed To Article: Congress And Parliament Deploy Appraisives (1801-1802), Peter J. Aschenbrenner Oct 2013

Table Annexed To Article: Congress And Parliament Deploy Appraisives (1801-1802), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Parliament (primary text writer, the House of Commons) produced 24,647 words beginning in 1801; in in a comparable interval, Congress produced 27,123 words. By coincidence, this was the first year that Parliament served as the text-writer for the newly-minted United Kingdom of Great Britain and Ireland. Appraisives in the English language, numbering 3,683 have been tested against the Early Constitution. Appraisives in the Early Constitution, 2 OCL 193. This investigation tests the known class of appraisives in these target vocabularies employed by Congress and Parliament. Mean words between ‘hits’ are returned.


Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter Aschenbrenner Oct 2013

Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter Aschenbrenner

Peter J. Aschenbrenner

The eighty-five Federal Papers (authors James Madison and Alexander Hamilton; John Jay contributed five) are justifiably famous as elaborations of constitutional structure and text, sans citation to the convention, understandably, since secrecy imposed by Standing Order on May 28th was continued indefinitely (at the pleasure/non-action of Congress) on September 17th. Counts on semantic value/s of ‘constitution’ and ‘constitutional’ are surveyed.


A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter Aschenbrenner Oct 2013

A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter Aschenbrenner

Peter J. Aschenbrenner

Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787 at volumes 1 and 2. OCL provides a page-by-page breakdown of the text [of their notes] which appears in the Farrandian presentation.


New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi Oct 2013

New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi

Student Publications

In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …


Order Of Delegate Arrival At Philadelphia Tabled Against Support/Opposition To Constitution, Peter J. Aschenbrenner, David Kimball Sep 2013

Order Of Delegate Arrival At Philadelphia Tabled Against Support/Opposition To Constitution, Peter J. Aschenbrenner, David Kimball

Peter J. Aschenbrenner

Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Arrival of the delegates is matched with support/opposition for the Constitution.


Delegate Arrivals At Philadelphia Compared To Voting Records At The Ratification Conventions By State, Peter J. Aschenbrenner, David Kimball Sep 2013

Delegate Arrivals At Philadelphia Compared To Voting Records At The Ratification Conventions By State, Peter J. Aschenbrenner, David Kimball

Peter J. Aschenbrenner

Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Eleven states ratified the Constitution between December 7, 1787 and July 26, 1788. When delegate arrival dates are compared with the order in which their respective state ratification conventions completed their business, a significant number of delegates supporting the constitution are missing in action.


Table Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter J. Aschenbrenner, David Kimball Sep 2013

Table Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter J. Aschenbrenner, David Kimball

Peter J. Aschenbrenner

Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Eleven states ratified the Constitution between December 7, 1787 and July 26, 1788. When delegate arrival dates are compared with the order in which their respective state ratification conventions completed their business, a significant number of delegates supporting the constitution are missing in action.


Table Annexed To Article: A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter J. Aschenbrenner Sep 2013

Table Annexed To Article: A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787 at volumes 1 and 2. OCL provides a page-by-page breakdown of the text [of their notes] which appears in the Farrandian presentation.


Table Annexed To Article: Introducing Constitutional Text Units, Peter Aschenbrenner Sep 2013

Table Annexed To Article: Introducing Constitutional Text Units, Peter Aschenbrenner

Peter J. Aschenbrenner

The traditional citation format for reference to specific passages in the federal constitution does not account for the order in which text was added, changed or deleted; a new citation format is proposed, called ‘Constitutional Text Units’; Madison’s June, 1789 suggestion for maintaining a coherent presentation is explained and defended.


Naming Constitutions And Constitutional Text In The Early American Republic, Peter J. Aschenbrenner Aug 2013

Naming Constitutions And Constitutional Text In The Early American Republic, Peter J. Aschenbrenner

Peter J. Aschenbrenner

From the beginning of the nation (October 7, 1777) to the disaster of Dred Scott (March 6, 1857), the United States has produced thirty-two articles worth of constitutioinal text, in 133 constitutional text units, beginning with the Articles of Confederation (opening date noted above). OCL names all the writings and groups them, for the first time.


Table Annexed To Article: Naming Constitutions/ Constitutional Text In The Early American Republic, Peter J. Aschenbrenner Aug 2013

Table Annexed To Article: Naming Constitutions/ Constitutional Text In The Early American Republic, Peter J. Aschenbrenner

Peter J. Aschenbrenner

From the beginning of the nation to disaster of Dred Scott (March 6, 1857), the United States has produced twenty-one writings which may be grouped as constitutional text units after the Articles of Confederation. OCL names all the writings and groups them, for the first time.


Table Annexed To Article: Our Aesthetic Constitution, Peter J. Aschenbrenner Jul 2013

Table Annexed To Article: Our Aesthetic Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

If natural language is deficient, then descriptions-in-words of constitutions may suffer the same fate. What other choices are there, when an investigator – or more typically, a speaker in ordered discourse – or even more usually a speaker uttering demotic elaboration – sets out to describe constitutional text? Isn’t it obvious that artifacts featuring words lock users into using more words? OCL offers (the first of) several studies.


Our Aesthetic Constitution, Peter J. Aschenbrenner Jul 2013

Our Aesthetic Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

If natural language is deficient, then descriptions-in-words of constitutions may suffer the same fate. What other choices are there, when an investigator – or more typically, a speaker in ordered discourse – or even more usually a speaker uttering demotic elaboration – sets out to describe constitutional text? Isn’t it obvious that artifacts featuring words lock users into using more words? OCL offers (the first of) several studies.


Studies On Religion And Recidivism: Focus On Roxbury, Dorchester, And Mattapan, George Walters-Sleyon Jul 2013

Studies On Religion And Recidivism: Focus On Roxbury, Dorchester, And Mattapan, George Walters-Sleyon

Trotter Review

This research article raises the question of whether religion can be considered a viable partner in the reduction of the high rate of recidivism associated with the increasing mass incarceration in the United States. Can sustainable transformation in the life of a prisoner or former prisoner as a result of religious conversion be subjected to evidenced-based practices to derive impartial conclusions about the value of religion in their lives? With a particular focus on three neighborhoods of Boston—Roxbury, Dorchester, and Mattapan—this study examines the relevance of religion and faith-based organizations in lowering the high rate of recidivism associated with incarceration …


The Personal And Family Challenges Of Reentry: Interview With Helen Credle, Kenneth J. Cooper Jul 2013

The Personal And Family Challenges Of Reentry: Interview With Helen Credle, Kenneth J. Cooper

Trotter Review

For 40 years, Helen Credle has worked with prison inmates and exoffenders in Massachusetts, from inside or outside the state corrections system. The Boston native, who grew up in Roxbury, did not set out to become an advocate for prisoners and their families. Oddly, it was music that first took her inside prison walls and into that role. As director of community services for the New England Conservatory of Music, Credle organized concerts by bluesman B.B. King and balladeer Bobby Womack in state prisons. Her involvement grew deeper when the conservatory’s administrators and faculty members decided to teach inmates to …


Gray Matters Behind Bars, Howard Manly Jul 2013

Gray Matters Behind Bars, Howard Manly

Trotter Review

Forty years ago, the nation got tough on crime. It is now paying the price as the skyrocketing cost of incarcerating aging inmates is haunting state and federal prison budgets.


Life After Prison: A Different Kind Of Sentence?, A Forum At The Boston Center For The Arts, Andrea J. Cabral, Daniel Cordon, Lyn Levy, Gary Little, Janet Rodriguez Jul 2013

Life After Prison: A Different Kind Of Sentence?, A Forum At The Boston Center For The Arts, Andrea J. Cabral, Daniel Cordon, Lyn Levy, Gary Little, Janet Rodriguez

Trotter Review

In September 2012, the Boston Center for the Arts (BCA) hosted a forum on life after prison as part of its series, Dialogue: Social Issues Examined Through the Playwright’s Pen. The forum coincided with performances at the Boston Center for the Arts of The MotherF**ker with the Hat, a play by Stephen Andy Guirgis about prisoner reentry.

Andrea J. Cabral, then sheriff of Suffolk County and secretary of public safety in Massachusetts, moderated the forum in BCA’s Calderwood Pavilion, the same theater where SpeakEasy Stage Company was putting on the play. The four panelists work for nonprofit organizations primarily …


Inside/Outside: A Model For Social Support And Rehabilitation Of Young Black Men, Harold Adams, Castellano Turner Jul 2013

Inside/Outside: A Model For Social Support And Rehabilitation Of Young Black Men, Harold Adams, Castellano Turner

Trotter Review

This paper first identifies some of the most important problems facing incarcerated young black males. Next, we present an historical analysis that pinpoints the War on Drugs as the primary origin of mass incarceration of that group. Then we describe the major consequences for prisoners as well as collateral problems for their families, friends, and communities. We then outline the types of programs created to address these problems. We summarize research that shows the key to solving high recidivism rates is social support during incarceration and after release. We describe in particular a Boston-based organization, the Committee of Friends and …


Stop And Frisk: From Slave-Catchers To Nypd, A Legal Commentary, Gloria J. Browne-Marshall Jul 2013

Stop And Frisk: From Slave-Catchers To Nypd, A Legal Commentary, Gloria J. Browne-Marshall

Trotter Review

Today’s “stop and frisk” practices stem from centuries of legal control of Africans in America. Colonial laws were drafted specifically to control Africans, enslaved and free. Slave catchers culled the woods in search of those Africans who dared escape. After slavery ended, “Black Codes” or criminal laws were enacted to ensnare African Americans, including the sinister convict-lease system that existed well into the twentieth century. The U.S. Supreme Court ruled to extend police authority to stop and frisk during the Civil Rights Movement.

Police abuse of stop and frisk has led to tens of millions of people detained and searched …


Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein May 2013

Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein

Honors Projects

This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …


Table Annexed To Article: The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner Apr 2013

Table Annexed To Article: The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL explores the mathematical logic of blocking power, that is, the power to block organic change. In Constitution I (the Articles of Confederation) the formula was absurdly simple. Any state, no matter how geographically small, economically insignificant and revoltingly irrelevant could block organic change desired by all the other constituents. Hence, secession orchestrated (via Constitution II) so that the first nine states (willing to do so) could secede from Rhode Island.


How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner Apr 2013

How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In 3,466 words – crafted between July, 1776 and November, 1777 – the Continental Congress created Constitution I, universally known as the Articles of Confederation. How many of these words are unique? And how many of these 3,466 words did the Philadelphia convention use in crafting the 4,321 words of Constitution II?


The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner Apr 2013

The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL explores the mathematical logic of blocking power, that is, the power to block organic change. In Constitution I (the Articles of Confederation) the formula was absurdly simple. Any state, no matter how geographically small, economically insignificant and revoltingly irrelevant could block organic change desired by all the other constituents. Hence, secession orchestrated (via Constitution II) so that the first nine states (willing to do so) could secede from Rhode Island.


Interview Of Michael R. Dillon, Ph.D., J.D., Michael R. Dillon, Ph.D., J.D., John A. Prendergast Apr 2013

Interview Of Michael R. Dillon, Ph.D., J.D., Michael R. Dillon, Ph.D., J.D., John A. Prendergast

All Oral Histories

Dr. Michael Richard Dillon (1942-2020) was a Professor and Chair of the Political Science Department at La Salle University in Philadelphia. He grew up in Wilmette, Illinois, a suburb just outside of Chicago, where he spent many years before opting to attend the University of Notre Dame for his undergraduate and, later, his graduate and doctoral degrees. Dr. Dillon first came to La Salle in 1968, where he spent 17 years as a member of the Political Science Department under the Chair at the time, Robert Courtney. After obtaining a J.D. from Temple University, Dr. Dillon left La Salle in …


Table Annexed To Article: Detailed Breakdown Of Note-Takers In Farrand As Extracted From Farrand’S Records Vols. 1 And 2, Peter Aschenbrenner Apr 2013

Table Annexed To Article: Detailed Breakdown Of Note-Takers In Farrand As Extracted From Farrand’S Records Vols. 1 And 2, Peter Aschenbrenner

Peter J. Aschenbrenner

Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787 at volumes 1 and 2. OCL provides a page-by-page breakdown of the text [of their notes] which appears in the Farrandian presentation.


The Foreigners Among Us: Constituent Expulsion In The Early American Republic, Peter J. Aschenbrenner Mar 2013

The Foreigners Among Us: Constituent Expulsion In The Early American Republic, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL surveys constituent explusion through the impost laws passed in the first session of the First Federal Congress. The purpose of the laws was to make clear to North Carolina and Rhode Island that Constitution II was a ‘take it or leave it’ affair. North Carolina, never truculent, merely slow to ratify, got the message; Rhode Island’s struggle with political reality created a near year-long sideshow before it finally bowed the neck Providential to the inevitable. Pay up or join up.


How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner Mar 2013

How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In 3,466 words – crafted between July, 1776 and November, 1777 – the Continental Congress created Constitution I, universally known as the Articles of Confederation. How many of these words are unique? And how many of these 3,466 words did the Philadelphia convention use in crafting the 4,321 words of Constitution II?