Legal Commons^™

The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran

Journal of Contemporary Archival Studies

This article is primarily a case study of the Nuremberg Trials Project at the Harvard Law School Library in Cambridge, Massachusetts. It begins with an historical note about the war crimes trials and their documentary record, including the fate of the several tons of trial documents that were distributed in 1949. The second part of the article is a description of the Harvard Law School Nuremberg project, including its history, goals, logistical considerations, digitization process and challenges, and resulting impact. The structure and function of the project website is described, followed by a description of a typical user experience, the …

The Juridical Communities Of Apulia: Communal Identity And Municipal Belonging In The Aragonese Kingdom Of Naples, Vincenzo Selleri

Dissertations, Theses, and Capstone Projects

This study intends to make a contribution to the debate concerning Jewish citizenship in Renaissance Europe by suggesting that de jure status does not provide sufficient information on the municipal belonging of individuals and groups. Citizenship in Renaissance Italy was an equivocal concept. Political rights were usually granted on the basis of wealth and “respectability” (measured in terms of lineage, and education). Jews, women, the poor, and “debased” groups may have not enjoyed such rights; nonetheless they were part of the social, economic, and cultural life of the Renaissance city.

Municipal belonging is better assessed by individuals’ de facto enjoyment …

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011), copies …

Quotidian Intimidation And Mussolini's Special Tribunal In Istria And The Eastern Borderlands, Maura Hametz

History Faculty Publications

The article examines the Special Tribunal for the Defense of the State's use of the "no grounds to proceed" ruling to intimidate anti-fascists and extend the fascist government's power in the Adriatic borderlands. It demonstrates how the Tribunal's judges used their sentencing prerogatives to support repression in Istria and cloak persecution in the mantel of legal action in defense of the state.

Following The Spirit Of The Law: Col. Eberhard P. Deutsch And The Legal Division Of United States Forces Austria, 1945-1946, Peter J. Casey

LSU New Orleans Theses and Dissertations

As World War II neared its end in Europe, the Allied powers faced a difficult situation with the occupied nation of Austria. Considering the complicated Austrian relationship with Nazism, the Allies had to decide how the nation would be liberated, occupied, and rehabilitated. Almost instantaneously, the United States, Great Britain, and France became at odds with a vengeful Soviet Union seeking to build a defensive shield of Communist European client states that included Austria. This study will show that as the head of the American Legal Division, Col. Eberhard P. Deutsch, United States Army, was instrumental in the reformation of …

The Nuremberg Trials As A Form Of Transitional Justice, Nicholas A. Richey

History

No abstract provided.

How The Willowbrook Consent Decree Has Influenced Contemporary Advocacy Of Individuals With Disabilities, Kristen S. Addessi

Student Theses

The existence of the Willowbrook State School was a culmination, of over a one-hundred-year history of Western society’s attempts to provide adequate care, and treatment for individuals with disabilities. The residents housed there, suffered violations of their human and civil rights in various forms of severe abuse, neglect, and violence. Following a three-year legal battle in 1975, as a result of the travesties that occurred, the legal doctrine known as the Willowbrook Consent Decree was written. The Consent Decree was implemented to ensure that the residents’ human and civil rights are met and protected. The Willowbrook State School and the …

French Women In Art: Reclaiming The Body Through Creation/Les Femmes Artistes Françaises : La Réclamation Du Corps À Travers La Création, Liatris Hethcoat

Student Scholar Symposium Abstracts and Posters

The research I have conducted for my French Major Senior Thesis is a culmination of my passion for and studies of both French language and culture and the history and practice of Visual Arts. I have examined, across the history of art, the representation of women, and concluded that until the 20^th century, these representations have been tools employed by the makers of history and those at the top of the patriarchal system, used to control women’s images and thus women themselves. I survey these representations, which are largely created by men—until the 20^th century. I discuss pre-historical …

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Lawyers And Sawyers: Venetian Forest Law And The Conquest Of Terraferma (1350-1476), Michael S. Beaudoin

Boise State University Theses and Dissertations

Throughout the fourteenth and fifteenth centuries, Venice played a direct role in shaping the future of Northeastern Italy. The standing scholarship views Venetian involvement on the mainland as either an abandonment of the city’s maritime tradition or as a buffer zone against rival powers, like Milan. Venice’s western mainland empire, Terraferma, provided Venice with many commercial products that the Eastern Mediterranean did not. One mainland product, timber, was a central focus of Venetian expansion into Terraferma and has thus far been neglected by historians. This thesis argues that the Venetian Republic manipulated mainland legal traditions in order to obtain …

The Nuremberg Trials And Crimes Against Humanity, Katie A. Welgan

Young Historians Conference

The London Charter, signed in August 1945 by Allied leaders to establish the International Military Tribunal, included a seemingly novel category of wartime wrongdoing in the charges against Nazi leaders—crimes against humanity. Although condemned by some as ex post facto law ungrounded in legal precedent, this codified prohibition of destructive action taken by a government against its own citizens was a culmination of humanitarian theory which began in the aftermath of the Thirty Years War. Codified law protecting noncombatants developed during the following centuries, yet the violent excesses of World War I and the failure of the subsequent Leipzig trials …

"Feminist Lawyers And Political Change In Modern France, 1900-1940." In Eva Schandevyl Ed., Women In Law And Law-Making In The Nineteenth And Twentieth Century Europe, Chapter 2. Aldershot: Ashgate, 2014: 45-73., Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

This research considers how French female lawyers participated in legal reform during the period from 1900 to 1940. Frenchwomen were admitted to the legal profession in 1900 by an act of parliament and this reform brought political implications in its wake. My research on the first cadres of female lawyers illustrates that that they were unusually political active. As unequal members of the profession and unequal citizens in the society many of these new professionals engaged in a vigorous defense of equality and justice.

Popular Legal Journalism In The Writings Of Maria Vérone, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

"Sewing A Safety Net: Scarborough's Maritime Community, 1747-1765", Charles Foy

Faculty Research & Creative Activity

From 1747 to 1765 Scarborough created a safety net to keep its maritime dependents from becoming impoverished. A web of kinship connections that permitted sailors to move between land and sea as well as between maritime roles as they aged; the employment of maritime servants; the extensive hiring of elderly seamen; the use of the Seamen’s Sixpence after legislative reform in 1747 to develop locally operated seamen’s hospitals for the benefit of sailors and their families; and strong community support of the hospitals worked together to provide a social safety net that was, by eighteenth century standards, robust and effective.

Die Frauen, Der Strafvollzug, Und Der Staat: Incarceration And Ideology In Post-Wwii Germany, Andrea Moody Kozak

Scripps Senior Theses

This thesis explores how the material reality of Germany's women's prisons has been largely determined by their ideological foundations, and by the historical developments that have produced these ideologies. The German women's prison system is complex and imperfect, yet in many ways very progressive. It is the result of the last sixty years of tumultuous German history, and has been uniquely shaped by the capitalist and communist histories of the once-divided state. In its current state, it seems to have incorporated elements of a supposedly “rational” or individualistic conception of humanity as well as one that is relational and interdependent, …

Review Of The Website The Nuremberg Trials Project, John A. Drobnicki

Publications and Research

Review of the website The Nuremberg trials project.

‘Unkle Sommerset's’ Freedom: Liberty In England For Black Sailors, Charles R. Foy

Faculty Research & Creative Activity

With his 1772 decree in Somerset v. Steuart that slavery was ‘so odious that nothing can be suffered to support it [in England] but positive law’, Lord Mansfield altered the legal landscape regarding black rights in England. While earlier judicial decisions had implied that slaves who came to England were free, prior to the Somerset decision there was no judicial consensus on the issue. The Somerset decision did not decree that slavery was illegal in England. Yet many blacks believed it ‘emancipated’ any slave who reached the shores of England. This understanding, combined with the British military welcoming runaways into …

Hechiceras E Inquisidores: The Relative Lack Of Severity Of Witchcraft Prosecution Among Spanish Imperial Territories, Jeffrey Michael Mastrianni

Honors Scholar Theses

This paper examines the social, cultural, political, and judiciary motivations behind the prosecution of witchcraft in the Spanish Empire between the years of 1492 and 1643. Included as background material are introductions to witchcraft, the history of the Empire, and the behaviors of the Spanish Inquisition. The paper attempts to illustrate the fact that witchcraft prosecution was neither severe nor overly violent in the Empire, and that each of the four major regions of the Empire (Spain proper, the Netherlands, Italy, and the Viceroyalty of Mexico) witnessed a steady and early decline of witchcraft prosecutions, albeit for different reasons. It …

New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Conjugal Disputes At The Jewish Court Of 18th Century Altona, Noa Shashar

Early Modern Workshop: Resources in Jewish History

Disputes between married couples in 18th century were sometimes brought before the Jewish court ( the Beit-Din). Analysis of protocols of session which dealt with such disputes reveals facts about tensions caused by contemporary family structure and marriage customs as well as about the means which the court applied to enforce policy. The texts presented here are excerpts from one of the protocol books of the Jewish court of Altona. Altona, at the time subject to the Danish King, shared institutions with the neighboring Jewish communities in Hamburg and Wandsbeck, a union which produced several kinds of documents covering a …

Regulating Communal Space: Mikvaot In Seventeenth-Century Altona, Debra Kaplan

Early Modern Workshop: Resources in Jewish History

Over the course of a few years in the latter half of the seventeenth century, the community of Altona made several changes in the administration of local ritual baths. A series of entries in the communal pinkas, or logbook, elucidates how the community raised funds from mikvaot, how lay and rabbinic leaders worked together, and how communal leaders regulated ritual space both in homes and in communal space.

This presentation is for the following text(s):

• Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [50])
• Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [90])
• Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [91])

'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

The Jews And Ius Commune, Kenneth Stow

Early Modern Workshop: Resources in Jewish History

From the sixteenth through eighteenth centuries, there was a gradually increasing integration of Jews into systems of ius commune, loosely, the law of the land, but actually a legal tradition based on Roman law, which subsumed local law, usually called ius proprium. The integration might be purely theoretical or in fact, as certainly occurred in the papal state and it seems elsewhere in Italy, too. This legal integration prepared the way for the major legal upheaval worked by the French Revolution. The implications are many. The details mostly unresearched. The Tractatus de Iudaeis of Giuseppe Sessa (Turin, 1713) is the …

When The Indelible Sacrament Of Baptism Met Mercantile Raison D'Etat, Benjamin Ravid

Early Modern Workshop: Resources in Jewish History

In theory, under almost all circumstances, once a Jew had been baptized, s/he became a Christian and any relapse constituted heresy and was liable to severe punishment, often by death. However, in the mid-sixteenth century the Papacy adopted a far more lenient policy out of considerations of commercial raison d' état and invited New Christian merchants to assume Judaism in Ancona with assurance of complete freedom from any persecution. At the same time, Venice expelled all Marranos from the city and forbade them to return. The papal attitude changed with the Counter-Reformation and former New Christians who had reverted to …

Trying Issues: Polish-Lithuanian Jews Under Multiple Jurisdictions, Adam Teller

Early Modern Workshop: Resources in Jewish History

The texts presented here highlight issues of multiple jurisdiction Jews were subjected to in early modern Poland-Lithuania

This presentation is for the following text(s):

• Privilege for the Jews of Lwów (1692)
• Privilege for the Jews of the Przemyśl Region and Rus' (1660)

Under Imperial Protection? Jewish Presence On The Imperial Aulic Court In The 16th And 17th Centuries, Barbara Staudinger

Early Modern Workshop: Resources in Jewish History

From the middle ages on Jewish life in the holy roman empire was characterized by their egal status as servants of the imperial chamber (servi camerae, Kammerknechte). Paying taxes to the imperial chamber, the Jews stood under special protection of the Emperor. The so-called Speyrer Jew Privilege (1544) stated the legal framework of the Jewish community of the Empire, prohibiting expulsion, and „unjustified“ acusations of ritual murder and securing undisturbed religious practice, and imperial conduct and protection. But what was this privilege along with other privileges from indiviuals worth in reality? Based on two cases from the Imperial Aulic Court …

Evasion As A Legal Tactic: The 1616 Amsterdam Regulations Concerning The Jews, Miriam Bodian

Early Modern Workshop: Resources in Jewish History

Early modern rulers (or ruling bodies) who chose to readmit Jews in places where they had long been banned were faced with theological dilemmas and practical problems. Although it is true that the principle of freedom of conscience was gaining increasing acceptance, its adherents were rarely clear about whether it could be applied to non-Christians. And while the economic interests of rulers favored the settlement of Jews in their lands, the opposition of guilds and clergy could not be ignored. In these circumstances, a rather striking policy of evasion was adopted - in France, in the Netherlands, and in England. …

The Herem As The Source Of Authority Of The Lay Governing Council, Anne Oravetz Albert

Early Modern Workshop: Resources in Jewish History

A treatise on the herem composed by Isaac Aboab da Fonseca, the head rabbi of the Spanish and Portuguese Jewish community of Amsterdam. Specifically, this pamphlet defends the authority of the lay leadership council to do so, arguing against unnamed members of the community who are causing scandal by denying that authority.

This presentation is for the following text(s):

• Exhortation to those who fear the Lord, not to fall into sin due to lack of understanding of the precepts of his Holy Law by Isaac Aboab de Fonseca (1679/80)

Challenging Herem In Hamburg, 1732, David Horowitz

Early Modern Workshop: Resources in Jewish History

These documents represent one of the earliest calls for state intervention by the Hamburg authorities into the internal decisions of the bet din. The bed din of the Triple Community of Hamburg-Altona-Wandsbek compelled Joseph Jonas, a resident of Hamburg, to divorce his wife after she was suspected of adultery. When he refused, the chief rabbi and kahal put him and his wife in the ban (herem). Jonas turned to the Hamburg Senate for assistance in reversing the decision and removing himself from the ban. The documents comprise letters from Jonas and the Hamburg kahal in defense of their respective positions …

Takkanot Kahal And The Origin Of Communal Structures In A Franconian Village Community In The 17th Century, Stefan Litt

Early Modern Workshop: Resources in Jewish History

Takkanot Kahal are clearly a phenomenon of early modern Jewry in Europe. Throughout the Ashkenazi world there were four common ways to enact them. By elaborating takkanot, Jewish leaders copied the Gentile custom of creating legal digests in that time, thus adapting the communities to the administrative structures of the early modern state. The short statutes of the community in Ühlfeld, dating fromm 1688, are a rare example for takkanot enacted in an early stage of the local Jewish history. The text clearly shows the efforts of the author, R. Asher Enslen of Schnaittach, to strenghten the ties in the …