Legal Commons^™

The Forgotten Fundamental Right To Free Movement, Noah Smith-Drelich

Northwestern University Law Review

There is a powerful fundamental right hiding in plain sight: the fundamental right to free movement. This right goes beyond the consistently acknowledged—though infrequently applied—fundamental right to interstate travel. The true scope of the Constitution’s protection of movement through substantive due process safeguards local, interstate, and international travel. Though overlooked today, the fundamental right to free movement has deep roots in history and tradition, and in the decisions of numerous state and federal courts, including the Supreme Court.

This Article is the first to examine freedom of movement using the history and tradition test for unenumerated fundamental rights. This Article …

True Law As Genre: Narrative Nonfiction And The Law, Jorge L. Contreras

Texas A&M Journal of Property Law

The Genome Defense, which offers a book-length narrative nonfiction account of the civil litigation that led to the elimination of patents on human genes in the United States, is a member of a distinct literary subgenre that I term True Law. Like the older and better-known True Crime genre, True Law narratives blend the conventions of journalism and novelistic writing to describe complex legal disputes in a manner that is engaging and accessible to the general public. True Law accounts, which have increased in number and popularity since the publication of Jonathan Harr’s A Civil Action in 1995, serve …

What Is An American? A History Course Proposal, Nathan Walsh

SPARK Symposium Presentations

“What is an American? A History Course Proposal” is designed to be an introductory college-level course that encourages interest in history among the students and develops critical thinking skills throughout the course. That also implements and combats the use of AI in the classroom through a practical and beneficial strategy. The course content focuses on the cultural and legal history of American citizenship and immigration in the United States.

Iii.A.2 Displacement & Barriers To Home Ownership, Kim Rostan, Bria Harper, Jim Neighbors, Mark Byrnes

Crafting Democratic Futures

This document explains how systemic racism and discriminatory policies from the Civil War & Reconstruction period through the 20th century prevented African Americans in Spartanburg from building wealth through land ownership and home equity. It details barriers such as Black Codes, sharecropping, convict leasing, exclusion from New Deal programs, discriminatory housing policies, and urban renewal projects that displaced Black neighborhoods without providing equitable opportunities for economic advancement.

From 1957 To 2023: How The Supreme Court Prevented Little Rock Schools From Achieving The Ideal Of Desegregation, Nyssa Kruse

Indiana Journal of Law and Social Equality

No abstract provided.

Seeking Safety And Losing The Self: Affirmative Action Bans And The Whitening Of Mexican American Identity, Bella Bennett

Indiana Journal of Law and Social Equality

No abstract provided.

Courting Bias: Effects Of Gender Socialization And Judges' Genders On Litigants And The Judiciary, Ellie Barmes

Indiana Journal of Law and Social Equality

No abstract provided.

Healing Communities With Police Divestment: Seeking Abolition Through Transformative Reform And Community-Government Collaboration, Jessica E. Gillson

Undergraduate Honors Theses

Concerns about the efficacy and sustainability of the U.S. carceral system have persisted throughout the country’s history, recently fueling renewed activism and bipartisan calls for reform. However, proposed solutions remain divisive. This thesis first defines the current status of our prison systems, then explores collaborative alternatives to incarceration and policing that support communities and break cycles of incarceration.

Focusing on partnerships among local governments, community organizations, justice-involved individuals, and law enforcement, this study examines holistic approaches to crime prevention, reentry, and reintegration. Using an interdisciplinary framework incorporating restorative justice, community resilience, and systems theory, it investigates how community-based strategies can …

“It Is The Greatest Shame In The World”: Tomás Cerdán De Tallada’S Pioneering Analysis And Critiques Of Jails In The Spanish Golden Age, Riley Emerson Carney

Undergraduate Theses, Professional Papers, and Capstone Artifacts

During the 16^th century, prisons as we know them did not exist in Spain nor in most of Western Europe. Jails, as a temporary place to hold criminals before their trial, did exist but were quickly filling up with a wave of new criminals and debtors. This system of jails was poorly organized and poorly understood until Tomás Cerdán de Tallada wrote his treatise Visita de la carcel, which was the first in Spain to analyze the system of jails as a whole, and one of the first to offer criticisms of the system. Core to Cerdán’s understanding …

Advocacy Across Divides: Attorney Aaron L. Buchsbaum In Savannah, Georgia, 1963-1969, Sydney Jolene Kelly

College of Graduate Studies: Theses & Dissertations

This thesis explores the early life and career of Aaron Levy Buchsbaum, a Jewish lawyer from Savannah, Georgia. Buchsbaum's Jewish family upbringing, Southern childhood, and legal education all combined to mold him into an individual who used the profession to support those facing unjust treatment by the Savannah-Chatham County court system. By focusing on three of Buchsbaum's legal cases involving the Civil Rights Movement and his partnership with humanitarian organizations, this thesis contextualizes local conflicts in Savannah in the 1960s. Rather than safeguard the civil rights of all citizens, these cases demonstrate that the authorities, including judges, district attorneys, and …

The Mythic Seeds Of Human Rights, Joshua Mackenzie Luna

Graduate Theses/Dissertations

In this thesis, I propose a causal relationship between ancient societies’ mythic corpuses and their law codes. I begin by presenting the histories and historiographies of ancient Israel and Mesopotamia to highlight important themes in their development. Then, I place their creation and flood myths side-by-side for comparison, yielding key differences in the way each group conceptualizes human form, value, and purpose. Once these key differences have been established, I compare each group’s set of slave laws to demonstrate how each law code remains philosophically consistent with its respective set of myths and diametrically opposed to the set from the …

Preventing Chemical And Biological Attacks: Enhanced Threats Requiring Enhanced Solutions, Alex Elliot Ottoni-Belval

Graduate Theses/Dissertations

Chemical weapons (CW) and biological weapons (BW) are becoming more dangerous for experts to employ and more accessible to amateurs. Despite CW and BW attacks throughout history that killed and maimed millions of people, the international community has failed to establish meaningful consequences to prevent them. Agreements such as the Chemical Weapons Convention and the Biological Weapons Convention vow to eliminate and reduce the effects of CWs and BWs but lack respected response precedents and capabilities. The limited and inconsistent enforcement has inadvertently allowed CWs and BWs to become plausible weapons, especially to gain asymmetric advantages, while modern developments exasperate …

Feminine Felons: Violent Offenders' Intersectional Experiences In Twentieth-Century Montana, Cassidy Ann Vander Voort

Graduate Student Theses, Dissertations, & Professional Papers

This paper explores the treatment of violent female offenders in Montana in both the media and prison system from 1900-1960. Women of all races faced gender discrimination from both the carceral system and popular media. Local newspapers sensationalized crimes committed by female offenders, portraying them as women who lived outside of the expectations of womanhood in the twentieth century. Newspapers and courts placed women into two categories: “mad/sad” female offenders, who received forgiveness for their crimes; or unforgivable, “bad” offenders. Crime did not determine these categorizations; instead, gender expectations of the white middle class shaped female criminals’ treatment. If these …

Italians, Finns, Methodists, And The Klan: A Look Into The Complex Identities And Relationships That Were Prominent In The Upper Peninsula During The 1920s, Piper R. Kraft

HS 390 Primary Research Papers

This essay focuses on the Upper Peninsula of Michigan in the 1920s and the resurgence of the Ku Klux Klan. Using interviews from the Italian Oral History Collection, this essay explores the relationship between Italians, Finns, and the KKK. Rather than focusing on labor relations, this essay explores how these groups saw exogamy, the value placed on maintaining one’s religious connection and perceived racial identity. This research touches on the intersectionality of racialized ethnicity, religion, and class, concluding that the predominantly Methodist KKK would be more open to relationships, both personal and professional, with Finnish immigrants, even though they do …

0892: The Gregg Family Papers, 1940-2024, Marshall University Special Collections

Guides to Manuscript Collections

Anna Catherine “Kay” Kelly Gregg was born in 1920 in Dawson, West Virginia, to Aldridge James Kelly and Mary Leah Lowry. She was raised in Huntington, West Virginia, alongside her four siblings: James Thompson Kelly, Franklin C. Kelly, Bonna Kelly Paul, and Jeanette W. Kelly Scheerer. Kay enrolled at Marshall College in 1940 and completed her Bachelor of Arts degree from the Teachers College on September 12, 1944.

Harrison “Harry” Humphreys Gregg was born in Cincinnati, Ohio, to Daniel B. Gregg and Rebecca Humphreys. He attended the University of Cincinnati and later met Kay Kelly while visiting Huntington. The two …

Federal Election Commission And Indiana Secretary Of State Campaign Finance Information Resoures, Bert Chapman

Libraries Faculty and Staff Presentations

This presentation covers campaign finance information resources produced by the Federal Election Commission (FEC) and Indiana Secretary of State. It describes how these agencies began, details how they oversee and regulate U.S. federal and Indiana state elections, and documents contributions made by individuals, organizations, political parties, and political action committees to individual candidates and organizations. Reporting documentation on these election races is also included.

Gladys Mitchell House Collection, Dan Bonenberger, Jaclyn Panter, Katherine St. Amand, Ian Tomashik, Kate Zorn

Digital Heritage Preservation Collection

This collection explores the life of Gladys Mitchell and the home she shared with her family on Detroit's Eastside. Gladys and her husband, Ossian Sweet, lived with her parents Benjamin and Rosella in a residence on 9322-24 Cairney Street from 1922 to 1925 before moving to the now-historic bungalow at 2905 Garland Street, located about a mile southeast. In 1925, when the Sweets moved into an all-white neighborhood, their experience led to a landmark Supreme Court case that affirmed African Americans' rights to homeownership, including the right to defend their private property.

Benjamin Mitchell and his wife, Rosella, rented the …

Using The Colonizers’ Own Weapons: The Politics Of Equality, Freedom, & Integration In Advocacy Against American Indian Termination, Eliza Kravitz

Swarthmore Undergraduate History Journal

Beginning in the early 1950s, the United States Congress enacted a program of “termination” of American Indian tribes. By eliminating the special relationship between tribes and the federal government, termination aimed at the full assimilation of American Indians into U.S. society. Government proponents advocated for termination using the language of equal rights, freedom, and integration. Previous scholarship has shown that anti-termination advocates, by contrast, appealed to the internationalist Cold War language of development, self-governance, and global decolonization to resist termination. These same leaders also invoked the civil rights language of termination’s proponents, however. Their arguments illustrated how the federal government …

Edward's New Welsh: The Foundations Of English Colonialism, 1282-1343, Joshua Lembke

University Honors Theses

This thesis, Edward’s New Welsh: The Foundations of English Colonialism, 1282-1343, examines the tumultuous period following the English conquest of the last independent Welsh kingdom, focusing on the English Crown's efforts under King Edward I to integrate Wales administratively and culturally. By reevaluating the appropriation of the Prince of Wales title, the study highlights the creation of a 'New Welsh' identity aligned with English interests. Key legal acts, such as the Statute of Rhuddlan and the establishment of English-style boroughs and castles, are analyzed to reveal the Crown's strategic embedding of English governance and suppression of native Welsh resistance. …

Legal Slavery In America: A Precedent Set By A Black Plaintiff, Edwin Vazquez

Bound Away: The Liberty Journal of History

The legal precedent for slavery in America was set by a free black in a case decided by a seventeenth-century court granting the ownership of a black defendant to a black plaintiff. Slavery was not introduced by the arrival of the first Africans at Point Comfort in 1619. Ironically, it was introduced by precisely one of these first African arrivals to the New World. From this point, it developed into the known institution of slavery that later had to be quelled by a Civil War.