Legal Commons^™

Shanghai In The 1930s, The German Civil Code And The Tragic Story Of A Brilliant Legal Mind, Lutz-Christian Wolff

Notre Dame Journal of International & Comparative Law

No abstract provided.

The History Of The Constitution Is Our Future., Maggie Blackhawk

Michigan Law Review

The Constitution of the United States establishes a government; it also stands as the fundamental law of a people. It shapes daily life, distributes power, and sets a direction for the future. And yet when we ask about the reach and meaning of the Constitution, we are increasingly told to look backward. The answers to our future are said to lie in the past.

From Seizure To Settlement: Liberated Africans, Imperial Law, And Labor In The Indian Ocean World, 1810–1860, Holly S. Mcfate

Master's Theses

This thesis examines the relationship between British antislavery, imperial law, and labor management in the western Indian Ocean during the first half of the nineteenth century. Centered on the 1821 capture and condemnation of the slave schooner Industry by HMS Menai, the study employs a microhistorical methodology to reconstruct the legal and administrative processes that governed the lives of Africans seized from slave ships after their liberation. Drawing upon Vice-Admiralty Court records, Colonial Office correspondence, naval logbooks, and administrative registers from The National Archives (UK) and the Mauritius Archives, the thesis follows the transition of captive Africans from maritime interception …

A History Of The Underground Comix Scene: The Seriousness Of An Unserious Genre, Harris Darcie Shugart

Master's Theses

The Underground Comix Scene of the 1960s and 1970s was born out of an age of censorship. The Comics Code Authority, a regulatory body created by the Comics Magazine Association of America in 1954, established guidelines requiring publishing houses to self-regulate following a recommendation from the United States Senate Subcommittee on Juvenile Delinquency in 1953. Comix with an X, for their X-rated nature, represent an emerging counter-culture in the latter half of the 1960s and the 1970s, with an epicenter of San Francisco. These comix and their artists were not interested in obtaining the looming ‘Seal of Approval’ from the …

La Raza In The U.S.-Mexico Borderlands: A Comparative Regional Study Of Mexican American Elite Identity-Making From Texan Independence To The Mexican Revolution, Davis Diego Massey

History ETDs

After the U.S. annexed much of Mexico following the Mexican-American War, Mexicans in the incorporated regions began to think of themselves as a racial group within the U.S. rather than a distinctive nationality. The 1848 Treaty of Guadalupe Hidalgo promised citizenship rights to all Mexicans in the area. The Treaty promises rarely were put into practice, as they were left up to the enforcement of territories and states. Even where enforced, the rights of citizenship were restricted and defined on the basis of race. Local laws excluded Afro-Mexicans and Mexican Natives from exercising the rights promised by the Treaty. This …

Hammurabi’S Laws: Ancient Traditions Of Violence, Aaron Secrist

The Confluence

The tradition of enforcing private property through violence is truly ancient, and goes back thousands of years to the first civilizations. There exists a prevailing attitude that contemporary culture is more “civilized” than the first organized societies – and while it’s true in some ways, our laws are still remarkably similar to those practiced in antiquity. In the following essay, I analyze the Law Code of Hammurabi and examine its parallels to the way laws function today. First, I will provide context for the technological advances that made the first city-states possible, then give a cultural and economic overview of …

Penitential Systems In The Latin West And Byzantine East, Elijah C. Dodson

Honors Theses

This thesis examines the development and organization of penitential discipline in early medieval Christianity through a comparison of the penitential tradition associated with Theodore of Canterbury in the Latin West and the canons attributed to John the Faster in the Byzantine East. The study focuses on how these texts regulated sexual sin and what their structures reveal about the institutional role of the Church in different historical contexts. The analysis is based on a comparative reading of penitential texts, supported by patristic writings and modern scholarship. By examining how specific categories of sexual misconduct are classified and disciplined, this study …

A Qualitative Study Of Journalism Course Syllabi In Relation To The First Amendment, Elizabeth L. Bunnell

Journalism Undergraduate Honors Theses

The goal of this research is to gain more insight into collegiate journalism course syllabi and the First Amendment. The First Amendment is a foundational aspect for a career in journalism, and one way to learn how college journalism students are interacting with the First Amendment is to conduct a qualitative analysis of the syllabi. A syllabus is the contract between professor and student for the course; therefore, it should contain the most important information relating to the course. 47 syllabi were collected from the School of Journalism and Strategic Media from the Spring 2025 semester. After reading through each …

Women In The Chancery Court Of Maryland From 1669 To 1679, Emily A. Cole

All Theses

This project examines women who appeared in the Chancery Court of Maryland from 1669 to 1679. This thesis used the Archives of Maryland Online and the volume of proceedings of the Chancery Court. Across the three chapters, I argue that historians have largely ignored these proceedings, and that women did not appear in court out of empowerment but rather out of legal duty and requirement. I examined how these women appeared in both their legal status and the types of positions they held. This included the life cycle women typically followed from wife to widow to remarriage. They also appeared …

The Southampton Plot: The Case For Innocence (1415), Haley Buckles

Electronic Theses and Dissertations

This thesis investigates the "Southampton Plot" of 1415, a famous conspiracy to overthrow King Henry V of England. While history often portrays the plotters as simple traitors against the government, this study reexamines original records to show a more complex story. By looking closely at how the English government handled the trials, the research reveals that the English Crown may have exaggerated the threat to strengthen the King’s political power before he invaded France. This study shows that what we call "treason" was often shaped by the government’s need to control its public image and hold on to power. Ultimately, …

Faith Under The Führer: Protestant Pastors In Nazi Germany, Katie Cassady

Senior Honors Theses

This research examines Protestant churches in Nazi Germany and their varied reactions to Hitler’s Third Reich, tracing the Nazi rise to power, the Kirchenkampf (Church Struggle), the Confessing Church’s resistance, and figures like Dietrich Bonhoeffer, Martin Niemoller, and Karl Barth. Hitler campaigned on a platform purporting to support religious freedom, but the state-sponsored persecution of Christian churches later revealed such promises as a facade. The Kirchenkampf exemplifies the reactions of Protestant German churches to Hitler’s rule: The German Christian Movement (GCM) endorsed Hitler’s radical racial theories, while the Confessing Church confronted the unbiblical rhetoric used by the GCM.

Copyright On Stage: Protecting The Directions Behind The Performance, Eliana Sakin

The Journal of Business, Entrepreneurship & the Law

In this comment, the author argues that theatrical stage directions should be recognized as copyrightable material under the U.S. Copyright Act, primarily by categorizing them as "choreographic works". Sakin highlights that while the 1976 Copyright Act explicitly protects choreography and pantomimes, stage directions—which serve as the "blueprints" for a production's blocking, technical cues, and artistic mood—currently exist in a legal gray area. Through an analysis of historical context and industry disputes, such as the Urinetown and The Most Happy Fella settlements, the author illustrates a growing industry recognition of a director’s staging as a protectable, original contribution, despite the lack …

The Right-To-Work Debate In Louisiana: How A Moment Of Violence Changed Law, Emma K. Thigpen

LSU Master's Theses

These two projects focus on the rise of business communities in twentieth century politics of the South and how they shaped national visions of the United States’ economic future. Chapter 1, a primary source project about how labor violence led to a Right-to-Work law, examines the actions of the La. AFL-CIO, led by Victor Bussie, and the Louisiana Association of Business and Industry, led by Edward Steimel, as they pursue alternate visions of economic progress and the “American way.” A major theme of this chapter is how violence was manipulated and refashioned to legitimize a lobbying organization and legislation intended …

The Hypocrisy Of The Wizards—A Proposal To Correct Incentives In Higher Education Loan Financing, Caden Benedict

School of Public Policy Capstones

This paper explores the origins of the student loan debt crisis and proposes tying university incentives to graduates' repayment plans and disclosing median earnings for degrees before students apply. Specifically, while there are numerous factors explaining why the price of education has increased dramatically since the 1970s, this paper proposes solutions that will specifically target university moral hazards by requiring universities fund: (1) the current subsidies to federal student loan repayments under income-driven plans as the House of Representatives intended before the Senate removed "risk-sharing," and (2) bankruptcy law discharge amounts. Moreover, requiring universities to disclose the median earnings of …

Res Historica, Volume 5, Alpha Rho Epsilon Phi Alpha Theta, Lindsay Rae Smith Privette Phd

Res Historica

The 2026 journal of historical research by Anderson University students, Res Historica.

The editorial team for this edition of Res Historica was Dr. Lindsay Rae Smith Privette, Julia Ackerman, Callyn Wright, Logan Davis, and John Hinton. Cover art by Mary Beth Lee.

A Comparative Legal Analysis Of The English And Scottish Reformations, Erin Hanson

Honors Theses

This thesis examines the legal and institutional mechanism that contributed to the decline in Catholicism in early modern England and Scotland during the Reformation period. By analyzing statutory developments, ecclesiastical court structures, and enforcement practices, it compares how each kingdom implemented religious reform and regulated religious conformity. Rather than focusing solely on theological differences, this study emphasizes the role of legal structure and legal institutions in shaping religious governance.

Chapter I outlines the historical and legal background of the English and Scottish Reformations. Chapter II examines prior literature, and Chapter III states the methodology used in this study. Chapter IV …

Cataclysm Within The Court: The Bosnian Genocide Case And Its Implications On Historical Understanding Of Calamity, Alexandria Currier

The Kennesaw Journal of Undergraduate Research

The Bosnian Genocide remains one of the most challenging cases within the history of modern conflict and calamity. As the first occurrence in which the International Court of Justice applied the Convention on the Prevention and Punishment of the Crime of Genocide to a state, the International Court of Justice's legal proceedings on the Bosnian Genocide set a new standard for the obligations of the international community to act in the occurrence of genocide. This research aims to clarify the nature of the 1992-1995 conflict between the nations of Serbia-Montenegro and Bosnia-Herzegovina using primary source documentation, modern commentary, and the …

Confinement And Consent: A Comparative Analysis Of Sexual Abuse In Finnish And U.S. Prisons, Madison A. Greico

Binghamton University Undergraduate Journal

The Bangkok Rules and The Basic Principles for The Treatment of Prisoners are a specific outline of protections and rights for individuals( Bangkok specifically about women) within prisons adopted by the United Nations compromising states. While The United States is a leader in the United Nations and adopted this set of rules, their failures of commitment are extremely apparent. Every year, thousands of prison rapes occur behind bars in New York alone by the very guards meant to protect them. In Finland, another United Nations member, however, has virtually no record of sexual abuse within their prisons. In investigation of …

A Wound Upon The Union: John Quincy Adams And The Treaty Of Indian Springs, Spencer Peacock

Honors Theses and Capstones

This thesis examines the crisis that developed after US president John Quincy Adams signed, then disavowed (allegedly over moral concerns), the fraudulent 1825 Treaty of Indian Springs with the Creek Indian Nation. The thesis probes Adams' motives during the Treaty of Indian Springs crisis, and seeks to connect the crisis to the evolution of US federal Indian policy in the 1820s, prior to the mass Indian removal of the 1830s.

Philosophically Aligned, Operationally Fractured: Duty-Of-Care In Nagpra Practice, Meghan Ensign

All Master's Theses

This research aims to explore the implementation of the Duty of Care [43 CFR Part 10.1(d)] within the 2024 revision of the Native American Graves Protection and Repatriation Act (NAGPRA) rules and regulations. While NAGPRA was designed to facilitate repatriation, ambiguities and institutional resistance have hindered compliance, necessitating regulatory updates. The 2024 revision added duty-of-care language intended to improve repatriation outcomes and reinforce Tribal sovereignty. Duty of care requires institutions to consult and collaborate with Tribes on curation policies and practices, and to obtain informed consent before allowing research on, exhibiting, or providing access to cultural items or human remains. …