Digital Commons Network^™

The Contract Clause: A Constitutional History By James W. Ely (Review), Jay D. Wexler

Shorter Faculty Works

If the Constitution were a zoo, what resident animal would the Contract Clause be? The clause, which is found in Article I, section 10 of our founding document, reads: “No state shall . . . pass any . . . Law impairing the Obligation of Contracts.” It certainly would not be one of the zoo’s star attractions; the Contract Clause is no First Amendment lion or Fourth Amendment tiger. But it is no bat-eared fox (the Letters of Marque Clause?) or Eurasian water shrew (the Third Amendment?) either. Based on reading Ely’s comprehensive history of the Contract Clause, perhaps it …

Law Library: 1859-2017, Barbara H. Garavaglia

Book Chapters

The Law Library was established in 1859 as part of the Law Department and continues to be "maintained and administered as a part of the instruction and research operation of the Law School." The library has been considered the "apparatus" of the Law Department and "the lawyer's laboratory." Indeed, this underlying view led the library to build a comprehensive collection that would provide "the means necessary for original investigation" and "permit scholars to do research work in any field of law, regardless of country or period." The collection development policy--to collect primary sources of law: statutes, civil law codes, court …

Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr

Book Chapters

This chapter focuses on the use of mandatory pre-dispute arbitration clauses in a subset of consumer contracts – those involving consumer finance and investor products and services. Arbitration clauses are pervasive in financial contracts – for credit cards, bank accounts, auto loans, broker-dealer services, and many others. In the wake of the recent financial crisis, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). Dodd-Frank authorises the new Consumer Financial Protection Bureau (CFPB) and the Securities and Exchange Commission (SEC) to prohibit or condition the use of arbitration clauses in consumer finance and investment contracts, …

The Rise And Fall Of The Zaibatsu: Japan's Industrial And Economic Modernization, David A. C. Addicott

Global Tides

Throughout the past century, the rise and fall of the zaibatsu and the operations of their direct successors has not only shaped Japan’s economic and financial landscape but also has been instrumental in the modernization of the world economy. Many of these corporations traced their roots to Japan’s premodern era, and were directly responsible for the transformation of a nation of rice farmers into an industrial powerhouse in the years prior to World War II. Following Japan’s defeat, these monopolistic corporations were dismantled by the Keynesian economists of the Allied occupation and were reorganized into the keiretsu system, which exists …

[Introduction To] Representing Heresy In Early Modern France, Gabriella Scarlatta, Lidia Radi

Bookshelf

Heresy is a fluid concept, not easy to define or pinpoint, and certainly one that defies religious and political boundaries. Heresy could be said to be a cultural construct manufactured by competing narratives. The articles in this volume examine the varieties of perceptions and representations of heresy in early modern France. In so doing, they reveal that such perceptions and representations have had more of an impact on our understanding of heresy than heresy itself. This, in turn, provides us with new and stimulating viewpoints on how heresy was recognized and depicted at the intersections of faith, art, gender, poetry, …

Re-Calling The Past: Poetry As Preservation Of Black Female Histories, Rachel Miller-Haughton

Scripps Senior Theses

This paper discusses the poetry of Audre Lorde and Natasha Trethewey, and the ways in which they bring to attention the often-silenced histories of African American females. Through close readings of Lorde’s poems “Call” and “Coal,” and Trethewey’s “Three Photographs,” these histories are brought to the present with the framework of the words “call” and “re-call.” The paper explores the ways in which Lorde creates a new mythology for understanding her identity as “black, lesbian, mother, warrior, poet” in her innovative, intersectional feminist poetry. This is used as the framework for understanding modern poets like Trethewey, whose identity as a …

"The Fountain Pen And The Typewriter": The Rise Of The Homophile Press In The 1950s And 1960s, Elizabeth A. Coretto

Honors Papers

In this thesis, the author examines the role that queer-published periodicals played in the homophile era of American queer activism, roughly 1950-mid 1960s. The author argues that these periodicals operated at the intersection of identity creation, community formation, and activism. The queer press operated as a forum in which queer people could discuss what it meant to be homosexual, bisexual, lesbian, etc., and solidify an understanding of what queerness entails, leading to a more concrete definition of queerness. The creation of a queer identity based on a shared history and experiences allowed for the rise of a community based around …

Cúchulainn For The Modern Man: Influences Of Celtic Myth In The Easter Rising Of 1916, Alice Grissom

Vulcan Historical Review

pp. 52-57

Vulcan Historical Review 21 (Complete Issue), Vulcan Historical Review Staff

Vulcan Historical Review

No abstract provided.

Profits And Pride: The National Origins Of Labor Restriction In Baseball And Football, Lance Ledbetter

Vulcan Historical Review

pp. 37-48

Quenette Shehane: The Abduction And Murder That Shook Birmingham, Laura King

Vulcan Historical Review

pp. 114-122

American Labor Union Comparison, Grace Larkin

Vulcan Historical Review

pp. 16-25

The Body Project: An Intimate History Of American Girls, Haley Kendrick

Vulcan Historical Review

pp. 142-143

From The Disarmament Proposition Of 1898 To The Willy-Nicky Telegrams: Looking At Nicholas Ii As Peacemaker Of Europe, Grace Larkin

Vulcan Historical Review

pp. 72-83

Playing With Dynamite: U.S. Foreign Policy Toward Palestine, 1945-1948, Jared Paul Rivard

Master's Theses and Capstones

This thesis seeks to explain the motivations for United States Government actions regarding Palestine from 1945 to 1948. The conclusion, based upon accumulated primary research and secondary sources, is that the United States government involved itself Palestinian conflict for humanitarian reasons and was then unable to extract itself from the conflict due to Cold War considerations. The United States did not seek a solution to the Arab-Zionist quandary itself, which would have involved directly confronting the competing nationalist goals of the two groups. Instead, Washington’s earliest actions focused on relocating Jewish victims of the Holocaust to Palestine, and formed its …

Educación, Escritura Y Memoria: Las Armas De La Alteridad Frente Al Discurso Oficial Y La Desmemoria En "Por El Cielo Y Más Allá", Emilio L. Ramon

The Coastal Review

Por el cielo y más allá invites the reader to reflect upon populist discourses paving the way for discrimination and marginalization; especially those aimed at a different gender, ethnic group, national origin or even an academic sub-specialty. Those who were persecuted in the past are now the ones harassing, and use the ambiguity of words as their tool. Words, in turn, enslave but also help set the others free. The memories of those marginalized are perpetuated through education, letters, poems and songs. They oppose the official discourse and invite the reader to avoid monolithic discourses and embrace tolerance and diversity.

How American Is The American College Fraternity? Examining The European Legacy Within The U.S. Greek System, Andrew Thomas Bell

LSU Master's Theses

In this study, a cultural dissemination model is used to identify the cultural markers a fraternalism across multiple educational environments all in an attempt to answer the question “How American is the American college fraternity?” Aspects of modern fraternities and sororities were broken down and their historical predecessors were identified in order to track cultural dissemination, or diffusion. “Diffusion is the spread of culture traits and, as Wissler (140,146) and Bartlett (7) have demonstrated, this spread may be either conscious or unconscious” (Willey & Herskovits, 1927, p. 263). Primarily systems the broad European Fraternalism, European Universities (German and English), American …

A Critical Approach To Rap Music, Kristen Porterfield

Senior Honors Theses

People have used music to tell stories and share ideas for ages, making it an influential means of communication (Delaney, 2007). Rap music in particular came on the scenes in the late twentieth century in New York and continues to be a popular form of expression into the 21^st century (Blanchard, 1999). However, many remain divided on whether rap music should have a place in society. Some claim rap is harmful and promoting of violent lifestyles (Richardson & Scott, 2002). Others, however, believe rap is useful in education and counseling settings for promoting discussion about life choices (Silvera, 2015). …

The Relationship Between Alcohol Use And Familial And Social Influence In College Nursing Students, Darren C. Crooks, Kathleen A. Gillota

Williams Honors College, Honors Research Projects

College students are a population with a high prevalence of risky consumption of alcohol and nursing students, specifically, are no exception. Yet few studies have been done on the use of alcohol in the student-nurse population. Since nursing education and practice are highly stressful, unhealthy coping strategies, such as risky alcohol consumption, are sadly common and seriously detrimental.

This paper explores the self-reported consumption of alcohol in undergraduate nursing students as related to peer, familial, and social influences. Based on the Biopsychosocial Model, many different factors contribute to alcohol use. Using anonymous online survey methodology and convenience sampling, data about …

Heritage Without History: The 1960 South Carolina Secession Reenactment And The Desertion Of Historical Authority In Confederate Commemoration, Joshua Whitfield

Theses and Dissertations

In 1960 the South Carolina Confederate War Centennial Commission sponsored a reenactment of the 1860 secession convention as the keystone event for state observances of the Civil War Centennial. Local organizations such as the Richland Country Historical Society and WIS Television produced the reenactment, which featured politicians like Strom Thurmond and George Bell Timmerman in leading roles as secession delegates. The pageant had three live showings, and a televised version of the reenactment aired on WIS-TV, which broadcast the program across the state. Following the production’s open-circuit broadcast, the SC Educational Television Center continued broadcasting it in state public schools …

"A Very Fine Azteck Manuscript": Latter-Day Saint Readings Of Codex Boturini, Christopher James Blythe

Journal of Book of Mormon Studies

THE BooK OF MORMON presented itself as a history of previously unidentified New World civilizations with origins in the ancient Near East. To defend its claims of historicity, believers pointed to the work's correspondence with the Bible and their own spiritual witnesses. They also insisted that, independent of their supernatural access to this ancient world, archaeological discoveries had authenticated and would continue to authenticate the book's historical claims. This article documents the all-but-forgotten Latter-day Saint use of Codex Boturini-a sixteenth-century Mesoamerican codex depicting the Mexica (i.e., Aztec) migration from their mythical homeland Atzlan to Tenochtitlan, the seat of the empire's …

Saint Or Politician: A Gendered Analysis Of Catherine Benincasa’S Letters, Jacob Hailperin-Lausch

Senior Independent Study Theses

Over the nearly seven hundred years since Catherine Benincasa’s death there has been a flow of almost continuous scholarly and spiritual work that has been written about her. Catherine is one of the few well documented women, of her historical period, in history. However, there is a large gap in the historiography of Catherine, and that is looking at the effect of her letters on her audience and possible implications of her letters on the political and spiritual landscape of her time and beyond. An important piece of looking at Catherine’s spiritual and political career is using a feminist or …

Traces Index By Sandra Gorin, Kentucky Library Research Collections

Research Collections

Index to Traces journal, 1973-2016, the publication of the Barren County, [Kentucky] Historical Society, formerly the South Central, Kentucky Historical and Genealogical Society

La Representacion De “Raza” En La Literatura Escolar Y Juvenil Norteamericana Del Siglo Xix, Karl M. Lorenz

Education Faculty Publications

Este documento relata cómo las razas angloamericana, amerindia y negra estuvieron representadas en libros de texto de la escuela primaria y na literatura juvenil en el siglo XIX. Una muestra de textos de geografía, historia y lectura, y revistas juveniles y infantiles publicadas entre 1790 y 1890 fueron examinadas para determinar cómo se representaron las tres razas. También se presenta información adicional de publicaciones para adultos y científicas para proporcionar un contexto para las opiniones expresadas en los libros de texto y la literatura relacionada. Con base en la información transmitida en las publicaciones, se identificaron y discutieron brevemente conceptos …

Dogs And Domesticity Reading The Dog In Victorian British Visual Culture, Amy Robson

Other Faculty of Arts, Humanities and Business Theses

The central aim of this thesis is to critically examine the values associated with dogs in Victorian British art and visual culture. It studies the redefining and restructuring of the domestic dog as it was conceptualized in visual culture and the art market. It proposes that the dog was strongly associated with social values and moral debates which often occurred within a visual arena, including exhibitions, illustrated newspapers, and prints. Consequently, visual representations of the dog can be seen as an important means through which to study Victorian culture and society. Historians have agreed that the Victorian period was a …

For Country, Liberty, And Money: Privateering And The Ideologies Of The American Revolution, Scott D. Wagner

Senior Independent Study Theses

Along with service in the Continental Army and Navy and the various state militias, American patriots during the Revolutionary War had the option of sailing aboard privateers, private ships authorized to attack British commerce during the war. Where studies analyzing other military forces during the Revolution have been more nuanced, scholars that have looked at privateering have either focused on its strategic effectiveness during the conflict or merely written it off as a profit-driven phenomenon of maritime plunder. Privateering played a role in the course of the Revolution to a degree, but more importantly the practice was influenced by the …

“Marching Mothers”: The Battle For Desegregation In Cleveland Public Schools, 1957-1976, Theresa Dunne

Senior Independent Study Theses

In 1957, the Cleveland Municipal School District’s (CMSD) Board of Education implemented a relay program to address issues of overcrowding in Cleveland public schools. Solely affecting schools that served a predominately black student body on Cleveland’s rigidly segregated East Side, this program split the school day into two three-and-a-half hour sessions to accommodate increasing student body sizes, shortening the school day for African American pupils by an hour-and-a-half compared to the five hours in the classroom given to white peers. As mothers of children on the relay program realized that this was the Board of Education’s permanent solution to overcrowding, …

An 'Answer To Hopes And Dreams': Utopianism, Progressivism, And The American Spatial Tradition In The New Deal Resettlement Community Of Greenhills, Ohio, Jared M. Berg

Senior Independent Study Theses

The purpose of this project is to explain what historical forces led to the construction of Greenhills, Ohio. The goal is to show that Greenhills is one example in a very long line of planned residential communities in American history which have been designed in order to solve contemporary societal issues. This has been done by examining how Americans have constructed space in preceding planned communities. Upon examining these examples, it is clear that Greenhills is very much part of what I identify as an American spatial tradition, a community which especially borrows from the utopian and progressive elements of …

"A New Weapon - A New Monster - The Walkout": The East Los Angeles Student Walkouts Of 1968, Camille G. Christenson

Senior Independent Study Theses

In March of 1968, East Los Angeles witnessed thousands of Mexican American students walk out of Belmont, Garfield, Lincoln, Roosevelt, and Wilson High Schools. In what became known as the East Los Angeles Blowouts, the protests sparked a series of walkouts from high schoolers nationwide. The students protested what I call “educational racism.” This term refers to different ways the education system in East Los Angeles discriminated against Mexican Americans students on the basis of their race. This Independent Study analyzes how the students in East Los Angeles embraced their identity as both students and Mexican Americans to protest against …

The Knights Templar And The Freemasons: An American Myth, Elizabeth Persinger

Williams Honors College, Honors Research Projects

This project is an in-depth look at the influence and impact of the Knights Templar and the Freemasons on early American history. This thesis provides an overview of the conspiracy theories surrounding both groups and their involvement in United States history as well as the history behind these theories and how they formed, with the ultimate goal of comparing these popular culture myths with the verifiable influence of the groups.