Digital Commons Network^™

Originalism After Dobbs, Bruen, And Kennedy: The Role Of History And Tradition, Randy E. Barnett, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

In three recent cases, the constitutional concepts of history and tradition have played important roles in the reasoning of the Supreme Court. Dobbs v. Jackson Women’s Health Organization relied on history and tradition to overrule Roe v. Wade. New York State Rifle & Pistol Ass’n v. Bruen articulated a history and tradition test for the validity of laws regulating the right to bear arms recognized by the Second Amendment. Kennedy v. Bremerton School District looked to history and tradition in formulating the test for the consistency of state action with the Establishment Clause.

These cases raise important questions about …

Seventeenth-Century Dutch “Stranger Painter” Willem Van De Velde The Elder And His Impact On British Maritime Art—Two Kings, The Netherland Marine Painters, And The Rise Of The British Navy, Mary Raum

Naval War College Review

On his return from exile, Charles II expanded his naval forces, which amplified British interest in marine-themed scenes. However, British artists lacked the skills to convey the nation’s seafaring excellence, so the king invited Willem van de Velde the Elder and his son to immigrate, and their talents set the standard for British marine art for the next two centuries.

Spectrum, Volume 51, Issue 6, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: The State of Israel - Bridgeport Primary Under Review - A Spectrum Love Story - Center for Career and Professional Development Fair - Reflecting on 4 Decades - Celebrating the Legacy of Gloria Naylor - Celebrating 40 Years Of SHU Sports

The Famine Foods Co-Op / Bluff Country Co-Op Oral History Project, Michael William Doyle

Famine Foods Co-op / Bluff Country Co-op Oral History Project

The Famine Foods Co-op / Bluff Country Co-op Oral History Project collects the oral narratives of people associated with the member owned, cooperatively run natural foods grocery store in Winona, Minnesota. The Project was launched in 2022 by Michael William Doyle, a founding member of the Co-op and a retired History professor, in commemoration of the Co-op’s 50^th anniversary year. It is endorsed by the Co-op’s board of directors and sponsored by Winona State University's Darrell W. Krueger Library and the Winona County Historical Society.

This enterprise began as a buying club in spring 1972, inspired by the example …

A Hermeneutic Phenomenological Study Of American And British Military Bandmasters’ Experiences And The Influence On The Development Of The American Public School Band Movement, Michael L. Burrage

Doctoral Dissertations and Projects

This study investigates the history of British and American Military Bandmasters’ lived experiences through a Phenomenological Hermeneutic Analysis construct to the development of the Public-School Band movement. This thesis aims to provide insight through transcribed interviews, historical documentation, and pre-recorded transcriptions of the thoughts and practical influences of developing the effectiveness of band teacher preparation in American public school band programs. A better understanding of these advances warrants a comprehensive overview of military band history and a sense of how the curriculum process, formation, and growth in British and American Military Bands influenced approaches and philosophical thought through experiences of …

The Hangman, Not The Prince, Steve Hughes

Theses and Dissertations

For the first time, contemporary records of the 1870s, 1880s and 1890s, including interviews with George Maledon, have been used to document that George Maledon, known for almost 150 years as “The Prince of Hangmen,” was, despite his contentions, not the hangman for all of the murderers executed in Fort Smith, Arkansas, between 1873 and 1896. Rather, his legendary status came as a result of his manipulation of sensationalist reporters who came to Fort Smith to witness the hangings and whose stories were reprinted around the country.

The Sound Of Mormonism: A Media History Of Latter-Day Saints, Jared Farmer

Arrington Annual Lecture

The Sound of Mormonism is an annotated and expanded version of the 2023 lecture “Music & the Unspoken Truth”—an homage to the Music and the Spoken Word radio program and a meditation on the relationships between religion, music, vocality, and quietude.

The Arrington Lecture series, established in honor of one of the twentieth-century American West’s most distinguished historians, Leonard Arrington, has become a leading forum for prominent scholars to address topics related to Latter-day Saint history. Utah State University hosts the Leonard J. Arrington Mormon History Lecture Series through the Merrill-Cazier Library’s Special Collections and Archives.

Reframing Space: Religion, History, And Memory In The Early Documentary Film Of The Yugoslav Space, Milja Radovic

Journal of Religion & Film

This paper examines cinematic representations of religion and religious communities in the early cinema of the Yugoslav space. This paper introduces the readers to the rich heritage of the cinema of the Yugoslav space by providing 1) the first study of the representations of religion and the concepts of faith in the early film, and 2) novel approaches in reading religion and history through film. Film is used as a primary rather than supplementary source in historical research on diverse religious and ethnic communities in this part of the Balkan Peninsula. This is the first study that investigates the importance, …

Art As A Form Of Therapy: Afghan Women And Their “War Rugs” Highlight The Trauma And Violence Of The Soviet-Afghan War, Abigail Turano

History & Classics Undergraduate Theses

HIS 490 History Honors Thesis

Banned Books: A History Of Censorship, Sally Brown, Caroline Blumish

Graduate Student Scholarship

Caroline Blumish, a WVU Professional Writing graduate (2023), curated this exhibit on the history of banned books in the United States. The exhibit explores the pervasive practice of literary censorship, emphasizing its attempts to silence voices, perspectives, and records of historic events. Blumish's showcase delves into the evolution of censorship, from early suppression efforts to contemporary challenges, urging viewers to contemplate the delicate balance between societal values and the fundamental principles of free speech. The exhibit highlights the resilience of writers and encourages critical discussions on the broader implications of stifling diverse voices in a democratic society.

The Pacifican October 2023, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.

Unavoidability In U.S. Privacy Law, Laura M. Moy

Georgetown Law Faculty Publications and Other Works

Why is U.S. privacy law structured the way it is, with a series of sectoral laws rather than a cross-sectoral law or laws? Why does U.S. privacy law protect information shared in certain contexts—such as information shared with an attorney, a healthcare provider, or a financial provider—rather than particular types of information? One possibility is that sectoral laws apply to contexts in which people typically share highly “sensitive” information containing intimate secrets or with the potential to harm them financially or psychologically.

But this Article argues that there is something else at play—that in fact, an under-discussed and underappreciated factor …

Originalism After Dobbs, Bruen, And Kennedy: The Role Of History And Tradition, Randy E. Barnett, Lawrence B. Solum

Faculty Scholarship

In three recent cases, the constitutional concepts of history and tradition have played important roles in the reasoning of the Supreme Court. Dobbs v. Jackson Women’s Health Organization relied on history and tradition to overrule Roe v. Wade. New York State Rifle & Pistol Ass’n v. Bruen articulated a history and tradition test for the validity of laws regulating the right to bear arms recognized by the Second Amendment. Kennedy v. Bremerton School District looked to history and tradition in formulating the test for the consistency of state action with the Establishment Clause.

These cases raise important questions about …

Spectrum, Volume 51, Issue 3, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: The Results Are In: New Faces of Student Government -- Hacking the Constitution -- Cheers, Beers, Pioneers: “Pack the Pub” at Red’s -- Behind the Seams: Fashion Club Visits Mitchell’s -- Book Talk: Editors^ Picks -- Arts and Entertainment: Hollywood on Hold -- The Rising Stars of the Sports Media Word

Integrating Doctrine And Diversity Speaker Series: Can The Socratic Method Be Used In An Inclusive Classroom?, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Winona State University Dean's Advisory Board, Student Senate - Winona State University

Student Senate Organizational Documents

This is a document for the Winona State University Student Senate (WSUSS) Dean's Advisory Board 2023-2024

2023 Dean Advisory Board Constitution, Student Senate - Winona State University

Student Senate Passed Motions

This document is a Winona State University Student Senate (WSUSS) official passed motion in 2023 on the topic of Dean Advisory Board (DAB) Constitution.

Hist 345 - 001: Communication Through The Ages, Matthew Friedman

History Syllabi

No abstract provided.

Hist 378 - H01: Medicine & Health Law In Modern America - Honors, Stephen Pemberton

History Syllabi

No abstract provided.

Hist 363 - 001: U.S. As A World Power, Debbie Morrison-Santana

History Syllabi

No abstract provided.

Memory, Violence, And Detours: Strategies Of Resistance To Epidermal Invisibility Within The French Republic, Claudine E. David

Dissertations, Theses, and Capstone Projects

The subjection of black citizens in France and their invisibility in the (post)colonial space has been marked by segregation in peripheral urban zones, with a hardening of policing methods and controls based on racial appearanc. I argue that monumental representation in public space is not neutral but participates in the promotion of a specific ideology. I show thé ellipses in French patrimonial monumental glorification, including the appropriation of the memory of revolutionary heroes such as Louis Delgrès and Toussaint Louverture, concomitant with the occultation of many other black figures. I argue that representation matters, that France must repair this asymmetrical …

Pigeon-Hole Musings, Jimmie Omura

Harold S. Jacoby Nisei Collection

No abstract provided.

Pigeon-Hole Musings, Jimmie Omura

Harold S. Jacoby Nisei Collection

No abstract provided.

The Ubiquitous Path To War: A British Perspective On Their Relationship With The Spanish Empire From 1734-1739, Giuseppe Gerardo Vitale

Masters Theses, 2020-current

The British Empire was still relatively in its infancy throughout the 1730s and far from the global superpower it would later become, mostly due to it being the most recent of the major European imperial powers to begin colonizing the America’s. However, their long-standing feud with the Spanish carried over across the Atlantic, and the two heavyweights were embattled in a series of diplomatic struggles in the mid to late 1730s, resulting in an outbreak of war at the tail end of the decade, known as the War of Jenkin’s Ear. While most of the historiography surrounding this period in …

Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Re-Mediating Nature: Environmental Entropy, Urban Parks, And The Boise River Greenbelt, Quinn Zachary Anderson

Boise State University Theses and Dissertations

Urban greenspaces are integral to the healthy functioning of a city. They provide heat relief, flood prevention, act as sites of community engagement and creation, and are home to charismatic flora and fauna, to name just a few of their roles. However, this importance has not translated to scholarly analysis. This thesis aims to address this shortcoming in several ways. Firstly, it introduces the typology of environmental entropy, a framework of analysis that recontextualizes greenspaces as blended landscapes, where nature and culture and human and nonhuman agency equilibrate. Using environmental entropy, the rest of the paper examines urban parks …

Locating Queer Possibilities: Lgbtq+ Folks Negotiating Community And Belonging In Idaho, 1969-2011, Rachel Taylor

Boise State University Theses and Dissertations

Americans—regardless of their sexual orientation or home state—generally assume that Idaho is hostile towards queer folks. Linking rurality to homophobia and bigotry, they believe queer people are safer and happier in metropolitan settings with visible queer communities. However, the lived experiences of queer Idahoans reveal that LGBTQ+ people have built communities and found belonging around the state, even outside the state’s most populous city, Boise. Whereas queer people in urban areas like San Francisco historically emphasized the ways they differed from the straight public, queer Idahoans found safety and belonging by emphasizing their similarities with straight people. Through archival research …

Historical Understanding In The U.S. Constitution, Kristopher W. Chesterman

Doctoral Dissertations and Projects

How did the America’s Founding Fathers use historical knowledge to inform their actions and decisions that ultimately led to the creation of the Constitution? This dissertation begins to answer this question by providing context to the Framers’ education on both colonial and personal levels. Starting with exposure to historical content through learning Greek and Latin, this research explores the depth of historical knowledge possessed by the Founders and how they used that knowledge to explain their thoughts and ideas throughout the tumultuous years surrounding the American Revolutionary War. This aspect of the Constitution’s formation is overshadowed by the prominence of …

Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Decolonizing Kyiv’S Politics Of Memory: Current And Potential Implications Of Russia’S 2022 Invasion Of Ukraine On Ukrainian Monuments And Toponyms., Camilla Gironi

The Journal of International Relations, Peace Studies, and Development

History is the basis of our identity, but it sometimes represents a trap. As well explained by Keith Lowe, monuments are representative of our values, and every society deludes itself that its values will be everlasting. However, in a world changing at an unprecedented pace while we move on, urban furnishment such as monuments or streets’ names remain frozen in time. Statues and toponyms that were erected and chosen a long time ago may no longer be representative of the values we now treasure. While Russia’s aggression is still raging, a lot has been written on the potential implications of …