Legal Commons^™

Two Diametrically Opposed Jurists: The Jurisprudence Of Chief Justices Roger B. Taney And Salmon P. Chase, Alexandra M. Michalak

The Cardinal Edge

No abstract provided.

Antonia Sentner's Fight Against Deportation: An Example Of The Federal Government's Fight Against Communism, Claire Wehking

Undergraduate Research Symposium

In the 20th century, the United States government used deportation as a tool to circumvent certain Constitutional protections in order to crack down on radicalism. This tactic was used in both the first and second “Red Scares.” In the 1940 and 1950s, a St. Louis deportation case rose to national prominence as it progressed through the federal court system. Antonia Sentner was the wife of Communist Party U.S.A. member and local labor leader, William Sentner. Her requests for naturalization were denied, even though her husband and children were born in the United States and she had lived here since she …

Playing With Fire: The Medieval Judicial Ordeals And Their Downfall, Aaron Larson

Swarthmore Undergraduate History Journal

Trials by ordeal in the Middle Ages prove to be some of the most complex secular trials in all of history. Both trial by fire, and trial by water looked to call God's judgment into play, hoping that He would make the decisions of guilt or innocence. God is all-knowing. He is all-powerful. Therefore He has all of the relevant information to determine the fates of those who go through the ordeals. Despite this, the theologians in the medieval Church looked to lessen clerical involvement in the ordeals. In 1215, the Fourth Lateran Council met, and the ordeals ceased to …

The Barmen Declaration And The American Church: A Warning And Guidance From History, Johnny Davis

Helm's School of Government Conference - 2021-2024

The Barmen Declaration serves as a great example that the American Church should heed.[1] The American Church faces a hostile secular culture and a government that is increasingly statist and anti-Christian. The state has become an idol in an American culture that rejects truth and righteousness. A bold stance for truth and Christ is required by scripture and is the key to transforming the culture and saving the American Republic.

The Law And The Household: Criminal Courts In Early Twentieth Century Rockingham County, Jennifer Taylor

Masters Theses, 2020-current

This thesis examines the early twentieth century as a period of transition for rural, southern communities where the state began to increase its authority in matters of the family and the household. This prompted a transition from traditional patriarchal authority to state paternalism. Using the criminal court case records from the Rockingham Criminal Court, it is possible to evaluate the rural population’s reaction to this transition. Certain populations, particularly women, were willing to use the law as a place to find justice against male power, while men continued to perpetuate traditional ideas about masculinity and informal, violent retribution as a …

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

"I Love Judges, And I Love Courts:" Chief Justice William H. Taft And Reform In The Federal Judiciary., Alexandra M. Michalak

College of Arts & Sciences Senior Theses

As the only former president to ever serve as the Chief Justice of the United States Supreme Court, William Howard Taft’s legacy is best exemplified through his impact on the federal judiciary. Taft proved in time that the judiciary was his one true passion, undertaking revolutionary federal court reform that expanded the federal district courts, introduced the Judicial Conference, strengthened the chief justiceship, expanded the Supreme Court’s discretionary jurisdiction, and established a freestanding Supreme Court building. Following the reform trends of the period, Taft accomplished his reforms with the help of his political connections and experience, his colleagues on his …

The Tangled Roots Of The Holocaust: An Analysis Of The Evolution Of Colonial Discourse Through The Prohibition Of Sexual Relations And Marriages Between Races, Bianka Adamatti

Electronic Theses and Dissertations

The Nazi violence did not have its origins only in the brutality of the First World War or radical nationalist ideologies, but also in European colonialism. Hence, the goal of this thesis is to demonstrate that colonial processes were fundamental to the origins of the Holocaust. To prove this, I applied the content analysis to detect colonial discourse (stereotype, ambivalence, and mimicry) in three legislations from different contexts, which prohibited sexual relations and marriages between races. The documents analyzed exemplified the segregationist thinking of each period of colonization. Portuguese laws from the beginning of modernity demonstrate the transition from religious …

Revisiting Hudson County Water Co. V. Mccarter: Realism, The Public Trust Doctrine, And Environmental Conservation In The Lochner Era, Steven Huffman

Masters Theses & Specialist Projects

Legal histories of the Gilded Age and Progressive Era tend to focus inordinately on economic regulation within a doctrinal framework in which private rights, equal protection, and “substantive” due process guided judicial decision-making. Consequently, the overarching economic context in prevailing legal historiography obscures an important yet oft-overlooked development in the linkage between public rights, natural resource trusteeship, and the early-twentieth-century environmental conservation movement. This development is inextricably tied to the evolution of water law in the late nineteenth century and the expansion of the American commercial republic. A normative understanding of public water rights during this period is confined to …

Reimagining The Duck Stamp, Hunting Licensure And Public Land Preservation, Alec Wayne Boyd-Devine

Masters Theses & Specialist Projects

The American Migratory Bird Hunting and Conservation Stamp, or Duck Stamp, is a form of licensure issued by the Federal Government for waterfowl hunters. Why do physical stamps act as licensure to hunt waterfowl on both public and private land in the United States? How did the stamp become the key that grants access to resources that supposedly should be owned by the public? The duck stamp has been well-documented in conservation communities as a resource which has made significant positive impacts on the environment. The increase of anti-hunting sentiments in our society combined with fewer hunters per capita may …

Anti-Anarchist Legislation And The Road To The 1919 Red Hysteria, Evan Crumb

College Honors Program

In my thesis, I connect anti-anarchist legislation from the early 1900s with the excesses of the 1919 Red Scare. I tie the actions of anarchist leaders Emma Goldman and Alexander Berkman to legislative responses, which were then weaponized after the hysteria of the Russian Revolution culminating in the deportations of 249 Russian “radicals” on the Soviet Ark. I find that the Supreme Court’s legal interpretation of the 1903 Immigration Act’s anti-anarchist provision in Turner v. Williams (1904), and the 1902 Criminal Anarchy Act in Gitlow v. New York (1925) were rational—understandable—within their legal and social context.

My legal history bridges …

“Let Him Be Tried Before An English Jury; Let Him Be Tried Properly”: Race, Blackness, And English Justice In Mid- To Late-Victorian England, Hugo F. Stack

Student Scholarship

No abstract provided.

Planting Defamation In Arkansas: A Legal Historical Analysis Of The Development Of Defamation Laws In Arkansas During The 19th Century, Jessica Michelle Beel

Theses and Dissertations

This thesis analyzes the early defamation laws in Arkansas by the constitutions of Arkansas, the laws of Arkansas from 1812 to 1874, and Arkansas case law from 1812 to 1874 as concerning defamation, libel, and slander. This research shows how defamation, libel, and slander developed in Arkansas from early territorial periods to the end of the Reconstruction period. These laws were the foundations and the precedent for today’s defamation statutory and case laws in Arkansas, without these laws, it may be argued that defamation in Arkansas would have been decades behind the American legal system. This research advocates for the …

Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki

Swarthmore Undergraduate History Journal

Through a Philosophical analysis of the nature of Internment Camps as well as oral histories of veterans who volunteered to serve in the US military from the camps, this paper will argue that the internment of Japanese Americans during WWII was an event that the Supreme Court and surrounding legal discourse placed outside of legal jurisdiction. Those within the camps were thus condemned to a life lacking political qualification and juridical personhood. Faced with the dangers of this condition, interned Japanese Americans who served in the U.S. Army consciously laid claim to the American political community through the sacrifice of …

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …

Anti-Semitism In France: How The Post-Holocaust Era Informs French Attitudes Today, Alyssa Chesek

Student Research Poster Presentations 2021

Following the end of the Holocaust, approximately 160,000 native Jews and 20,000 displaced Jews arrived in France. France, which operated under the Vichy government during World War II, was a Nazi puppet regime complicit in the persecution of its Jewish population. When Vichy fell in 1944, the recently instated Provisional Government of the French Republic became responsible for Jewish restitution and reintegration services. However, the new government refused to recognize a Jewish problem; this denial resulted in inadequate services and protections for the Jewish population. Without providing Jews with proper legal protections, the French government created an environment which may …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Reconstructing The Black Family: How The Freedmen’S Bureau Sought To Shape Black Family Structures After Emancipation, Megan R. Busby

Honors Theses and Capstones

No abstract provided.

Ostracism And Democracy, Alex Zhang

Faculty Articles

The 2020 Presidential Election featured an unprecedented attempt to undermine our democratic institutions: allegations of voter fraud and litigation about mail-in ballots culminated in a mob storming of the Capitol as Congress certified President Biden’s victory. Former President Trump now faces social-media bans and potential disqualification from future federal office, but his allies have criticized those efforts as the witch-hunt of a cancel culture that is symptomatic of the unique ills of contemporary liberal politics.

This Article defends recent efforts to remove Trump from the public eye, with reference to an ancient Greek electoral mechanism: ostracism. In the world’s first …

Centralizing The Purse: Why A More Centralized National Government Was Crucial For Managing America's Revolutionary War Debt, Ethan Berg

Mahurin Honors College Capstone Experience/Thesis Projects

Research on the American Revolutionary debt has particularly focused on the leadership of American financial figures: most notably Superintendent of Finance Robert Morris and U.S. Treasury Secretary Alexander Hamilton. While scholars affirm their indispensable leadership, they also acknowledge institutional and political conditions that distinguish their tenures. This CE/T seeks to further analyze these conditions. It draws upon scholarly works while evaluating different aspects and time frames of Americas’ public debt, including the initial accumulation of debt, the tenure of Robert Morris, the formation of the U.S. Constitution, and the tenure of Alexander Hamilton. The CE/T also analyzes the papers of …