Digital Commons Network^™

Parallel Justice: Creating Causes Of Action For Mandatory Mediation, Marie A. Failinger

University of Michigan Journal of Law Reform

The American common law system should adopt court-connected mandatory mediation as a parallel system of justice for some cases that are currently not justiciable, such as wrongs caused by constitutionally protected behavior. As evidence that such a system is practical, this Article describes systemic and ethical parallels between court-connected mediation and the rise of the equity courts in medieval England, demonstrating that there are no insurmountable practical objections to the creation of “mediation-only” causes of action. The Article then explores the constitutional concerns surrounding the idea of “mandatory mediation-only” causes of action, using constitutional hate speech and invasion of privacy …

The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards

Scholarly Works

We might not need another article decrying the doctrine/skills dichotomy. That conversation seems increasingly old and tired. But like it or not, in conversations about the urgent need to reform legal education, the dichotomy’s entailments confront us at every turn. Is there something more to be said? Perhaps surprisingly, yes. We teach our students to examine language carefully, to question received categories, and to understand legal questions in light of their history and theory. Yet when we talk about the doctrine/skills divide, we seem to forget our own instruction.

This article does not exactly take sides in the typical skills …

The Contributions Of Dissenting Protestantism To Western Views Of Human Dignity And Freedom, Nicholas P. Miller

Faculty Publications

No abstract provided.

Byzantine Foreign Policy During The Reign Of Constans Ii, Joseph Morris

Electronic Theses and Dissertations

This thesis examines the foreign policy of Constans II as the first Byzantine Emperor to rule after the initial Arab conquests in Syria-Palestine. His reign, 641-668, was the first reign of a Byzantine Emperor where the entire reign was subject to Arab raids and invasions. Constans II also had to contend with the Slavs in Thessalonica and Greece and the Lombards in Italy. To complicate matters more, Constans II was forced to cope with the religious division between the eastern and western churches due to Monothelitism in the East. Beset on every frontier and inheriting a much reduced empire after …

A History Of The Floating Societies Of The Christian Endeavor, Robert A. Danielson

Academic Books

No abstract provided.

From Commonwealth To Constitutional Limitations: Thomas Cooley's Michigan, 1805-1886, Robert Allan Olender

SJD Dissertations

In response to what he perceived as the challenges associated with republican governance in the later portions of the nineteenth century, Michigan’s Thomas McIntyre Cooley penned his treatise concerning constitutional limitations on legislative power. In it, Cooley offered a vision of government where courts would check government power and would raise constitutional barriers against the impact of improper influences on legislators. As a student of history, Cooley grounded his beliefs and doctrines in experience, not philosophical reflections. Believing that “the fruits of speculative genius in government are of little value,” Cooley submitted that governing structures and law “must be the …

Illusion Of Control: The Struggle For History And Humanity, Samantha R. Nystrom

Honors Theses

Through the increased amount of documentation occurring in the individual’s everyday life, through the government, through social media, etc., the question of history’s place in contemporary culture arises—who is the author of history, how is the struggle over authorship played out within contemporary literature, and where does humanity fit within this struggle? I argue that the struggle for authorship within contemporary society has suspended history. Contending authors constantly rewrite the pre-narrative, the event history records, prohibiting society from moving forward. Whoever gains the ultimate authorial role, whoever becomes the author of history, controls humanity. To examine this occurrence within contemporary …

Haymarket To The Heights: The Movement Of Cleveland's Orthodox Synagogues From Their Initial Meeting Places To The Heights, Jeffrey S. Morris

Cleveland Memory

This document traces the movement, growth and demise of the small neighborhood synagogues, or shuls, established by newly-arrived Eastern European Jews in the Haymarket area as they migrated to the eastern suburbs.

Criminalization Of Polygamy In Canada: Historical, Legal And Sociological Analysis, Washi Ahmed

Osgoode Legal Studies Research Paper Series

The Canadian Criminal Code criminalizes the act of polygamy pursuant to s.290, and bigamy (another act which is similar to polygamy) pursuant to s.293 under the assumption that such practices have an adverse impact on women and children. However, the history of the criminalization of polygamy in Canada suggests that it was enacted deliberately to marginalize a particular minority group. This paper is divided into four chapters. Chapter I discusses the historical background of polygamy and indicates that the criminalization of polygamy in Canada was an adoption of the American legal approach to Mormonism. Chapter II analyzes the provisions of …

The Ghost Of Ravishment That Lingers In The Land: The Beginnings Of Environmentalism In Seraph On The Suwanee And Go Down, Moses, Elisabeth Anne Wagner

Electronic Theses and Dissertations

Zora Neale Hurston and William Faulkner are recognized for their environmental writing. However, few scholars have acknowledged the sophisticated environmentalism present in Hurston's Seraph on the Suwanee and Faulkner's fictional depiction of Lafayette County in Go Down, Moses. This thesis seeks to prove that Hurston and Faulkner were keenly aware of the ecological problems of their hometowns through a close reading of each book alongside the environmental history each book was based on, Eatonville, Florida and Lafayette County, Mississippi respectively. Each author's distinct regional environmental knowledge helped Hurston and Faulkner to see larger national and global problems with using land …

Postcard, Sounds Of The Civil Rights Movement: The Power Of Song At The Palladium Theatre In St. Petersburg, Florida, Studio At 620

Postcard Collection

A promotional postcard for Sounds of the Civil Rights Movement: The Power of Song, presented by The Studio@620 and The Palladium Theatre in St. Petersburg. This event, held on January 11-12, 2014, served as the kickoff for the Martin Luther King Day of Service projects and St. Petersburg King Weekend Celebrations. The program included music performances and narrations highlighting the significant role songs played in the Civil Rights Movement.

History In Law, Mythmaking, And Constitutional Legitimacy - Symposium: History And Meaning Of The Constitution, Patrick J. Charles

Cleveland State Law Review

What truly separates an historical inquiry, however, from an originalist inquiry is the degree by which myth consumes fact. Certainly, regardless of whether one is performing an historical or originalist inquiry, the methodological process takes part in generating myth. In terms of where the respective inquiries are to be placed on the spectrum of constitutional mythmaking, however, the standard historical inquiry is far less likely to engage in the process than its originalist counterpart. This is mainly because originalism is not so much about reasoning from known historical truths, but instead about recreating a hypothetical expected legal application of how …

Nineteenth-Century Royal Navy Sailors From Africa And The African Diaspora: Research Methodology, John Rankin

ETSU Faculty Works

The paper explains a methodology, where previously there was none, for identifying African and diasporan naval personnel hired by the British Royal Navy to serve in the West African Station in the mid-nineteenth century. The methodology employs a variety of naval documents including: ship's musters, description books, daily sick lists, and medical journals to identify African and diasporan personnel. The Royal Navy employed four categories (Kroomen, Liberated Africans, Africans, Blacks) to describe and to differentiate the African and diasporan work force within the Station. By identifying African and diasporan naval personnel more can be learned about the ways in which …

Segregation In United States Healthcare: From Reconstruction To Deluxe Jim Crow, Kerri L. Hunkele

Honors Theses and Capstones

During the time period between Reconstruction and the Deluxe Jim Crow era, African Americans were legally oppressed, which hindered their ability to live fully and equally in society with whites. This was especially true in terms of healthcare. Segregation laws were implemented to separate blacks from the rest of society in everyday life; the worst of these laws affected the ability of African Americans to gain access to medical care that was equal to whites. This inequality prevented blacks from being accepted into society and from living quality lives that stem from adequate healthcare. Although the federal and state governments …

We Are A New Race:' Booker T. Washington's Use Of African American Spirituals In The Creation Of A New Negro Image, Douglas L. Allen

Theses and Dissertations

This study examines how Booker T. Washington used music to project a New Negro image to the American public while also instilling the qualities of this New Negro into his students. Washington hoped to uplift the African American race by challenging racial caricatures prominent in American society. Washington's New Negro was patterned after Washington's own personality and was a respectable, Christian, southern African-American. This study also shows that the New Negro was a racial uplift strategy being used well before WWI, and that there were multiple New Negro movements throughout the United States and throughout US history.

Acrid Smoke And Horses' Breath: The Adaptability Of The British Cavalry, Fred R. Coventry

Browse all Theses and Dissertations

The purpose of this thesis is to re-examine the nineteenth century British cavalry as an organization, one which has generally been characterized as deeply conservative and resistant to change in organization, operations and tactics. While the charge of conservatism is true in terms of the command structure of the British cavalry, this research demonstrates that the British cavalry of the nineteenth century typically adapted itself to the conditions in which it found itself, adopting whatever methods, tactics and weapons best suited the campaigns in which it fought. Beginning with the Crimean War's cavalry actions as a baseline for what was …

Reconciling Order And Progress: Auguste Comte, Gustave Le Bon, Emile Durkheim, And The Development Of Positivism In France, 1820-1914, Khali Navarro

Electronic Theses and Dissertations

This thesis discusses the philosophy of positivism in nineteenth century France. Based on an empirical vision of society, positivism advocated values of rationality, progress, and secularization. In that way, it stood as one of the defining systems of thought of the modern era. I discuss, however, an undercurrent of anxiety about those same values. Positivism's founder, Auguste Comte, argued that all sciences would become unified and organized under universal principles and empirical standards. He viewed the human mind as becoming more rationalized throughout history. In his later career, however, he argued that rationalism was a destructive force and that a …

A Diachronic Overview Of Mobile Learning: A Shift Toward Student-Centered Pedagogies, Helen Crompton

Teaching & Learning Faculty Publications

This chapter provides a brief historical overview of the technology contributing to mobile learning (mLearning) and the concomitant progression towards student-centred pedagogies. To begin, mLearning is defined. The theoretical, pedagogical and conceptual underpinnings of it are then explained, with a focus on the technologies and the pedagogies of each decade, from the 1970s and Kay’s futuristic vision of a mobile learning device, to today’s mobile learning technologies that have surpassed Kay’s vision.

Cutting Out Worry: Popularizing Psychosurgery In America, Antonietta Louise Iannaccone

Scripps Senior Theses

We think of the lobotomy as utterly primitive and brutal; we shudder at the idea of it. The archetypal image of creepiness, violence, and unnecessary brutality was expressed in the book and movie One Flew Over the Cuckoo’s Nest. This procedure weighs heavy on America’s conscience but in 1945 the procedure was characterized as being as gentle as ‘cutting through butter’ and the therapeutic effect was described as ‘cutting out worry’. How did the lobotomy gain such widespread acceptance? One part of the answer is that Walter Freeman advocated for it not just among his colleagues, but through the popular …

European Air Power: Challenges And Opportunities. Edited By John Andreas Olsen. Dulles, Va: Potomac Books, 2014., Mel Deaile

Journal of Strategic Security

No abstract provided.

From Subject To Citizen And From Slave To Freedman: Labor Contracts At Two Moments Of American Transition, Rose Julia Phipps

Honors Theses and Capstones

No abstract provided.

Vulcan Historical Review 18 (End Matter), Vulcan Historical Review Staff

Vulcan Historical Review

No abstract provided.

When Reasonable People Are Alarmed: Riots, Rioters, And The Press In Eighteenth-Century England, Nicole Watkins

Vulcan Historical Review

pp. 68-91

Pretenders And Punishments, Rachel Morgan

Vulcan Historical Review

pp. 54-67

What I’Ve Learned Along The Way: A Public Historian’S Intellectual Odyssey, Robert Weyeneth

Faculty Publications

In this biographically reflective essay, the author identifies two themes that have informed his public history work in communities with historical secrets, in civil rights history, and on the architecture of racial segregation: the importance of acknowledging and remembering the “dark past” and of asking questions from the perspective of place. His projects have taught him to look for the pukas or gaps, to cast down his bucket and engage nearby history, to think ecologically by hitching case studies to broad patterns of meaning, and to accept that the impact of projects may be catalytic rather than conclusive. He argues …

Hog Chains And Mark Twains: A Study Of Labor History, Archaeology, And Industrial Ethnography Of The Steamboat Era Of The Monongahela Valley 1811-1950, Marc Nicholas Henshaw

Dissertations, Master's Theses and Master's Reports - Open

This dissertation examines a unique working class in the United States, the men and women who worked on the steamboats from the Industrial Revolution until the demise of steam-powered boats in the mid-20th century. The steamboat was the beginning of a technological system that was developed in America and used in such great numbers that it made the rapid population of the Trans-Appalachian West possible. The steamboat was forever romanticized by images of the antebellum South or the quick wit of Samuel Clemens and his sentimental book, Life on the Mississippi. The imagination swirls with thoughts of boats, bleach …

Primitivism And The Black Form: The Effect On Contemporary Black Culture Through Hip Hop, Paryss A. Sherman

Dissertations and Theses

No abstract provided.

Shannon Hitchcock: A New Voice In Historical Fiction, Kaavonia Hinton

Teaching & Learning Faculty Publications

No abstract provided.

Critique And Theory In The History Of The Modern Humanities, Paul Jay

English: Faculty Publications and Other Works

What role has poststructuralist literary, critical, and cultural theory played in the making of the humanities, particularly in the period between 1968 and the present, and what role should theory have going forward as we come to terms with the corporatization of higher education, with its stress on practical skills, vocational training, and on measuring concrete learning outcomes? Exploring these questions requires confronting - and linking - two key issues currently at the core of sometimes-fierce debates about the humanities in the West, and particularly in t he US. T he first issue has to do with whether or not …

Transatlantic Discourses Of Freedom And Slavery In The English Revolution, John Donoghue

History: Faculty Publications and Other Works

Three themes in the discursive history of freedom and slavery during the English Revolution are explored here: the liberty of conscience, the liberty of the body, and the liberty of commerce. In the contests waged to define these liberties, contending factions of revolutionaries refashioned their opponents’ concepts of freedom as forms of bondage. Although explored in discrete fashion by historians, these discourses of religious, bodily, and commercial liberty hardly operated independently from one another. Indeed, they became increasingly entangled as the Revolution reached its imperial turn (ca. 1649-1655), accompanied as it was by the rise of the slave trade in …