Legal Commons^™

Shanghai In The 1930s, The German Civil Code And The Tragic Story Of A Brilliant Legal Mind, Lutz-Christian Wolff

Notre Dame Journal of International & Comparative Law

No abstract provided.

The History Of The Constitution Is Our Future., Maggie Blackhawk

Michigan Law Review

The Constitution of the United States establishes a government; it also stands as the fundamental law of a people. It shapes daily life, distributes power, and sets a direction for the future. And yet when we ask about the reach and meaning of the Constitution, we are increasingly told to look backward. The answers to our future are said to lie in the past.

Hammurabi’S Laws: Ancient Traditions Of Violence, Aaron Secrist

The Confluence

The tradition of enforcing private property through violence is truly ancient, and goes back thousands of years to the first civilizations. There exists a prevailing attitude that contemporary culture is more “civilized” than the first organized societies – and while it’s true in some ways, our laws are still remarkably similar to those practiced in antiquity. In the following essay, I analyze the Law Code of Hammurabi and examine its parallels to the way laws function today. First, I will provide context for the technological advances that made the first city-states possible, then give a cultural and economic overview of …

Penitential Systems In The Latin West And Byzantine East, Elijah C. Dodson

Honors Theses

This thesis examines the development and organization of penitential discipline in early medieval Christianity through a comparison of the penitential tradition associated with Theodore of Canterbury in the Latin West and the canons attributed to John the Faster in the Byzantine East. The study focuses on how these texts regulated sexual sin and what their structures reveal about the institutional role of the Church in different historical contexts. The analysis is based on a comparative reading of penitential texts, supported by patristic writings and modern scholarship. By examining how specific categories of sexual misconduct are classified and disciplined, this study …

A Qualitative Study Of Journalism Course Syllabi In Relation To The First Amendment, Elizabeth L. Bunnell

Journalism Undergraduate Honors Theses

The goal of this research is to gain more insight into collegiate journalism course syllabi and the First Amendment. The First Amendment is a foundational aspect for a career in journalism, and one way to learn how college journalism students are interacting with the First Amendment is to conduct a qualitative analysis of the syllabi. A syllabus is the contract between professor and student for the course; therefore, it should contain the most important information relating to the course. 47 syllabi were collected from the School of Journalism and Strategic Media from the Spring 2025 semester. After reading through each …

Copyright On Stage: Protecting The Directions Behind The Performance, Eliana Sakin

The Journal of Business, Entrepreneurship & the Law

In this comment, the author argues that theatrical stage directions should be recognized as copyrightable material under the U.S. Copyright Act, primarily by categorizing them as "choreographic works". Sakin highlights that while the 1976 Copyright Act explicitly protects choreography and pantomimes, stage directions—which serve as the "blueprints" for a production's blocking, technical cues, and artistic mood—currently exist in a legal gray area. Through an analysis of historical context and industry disputes, such as the Urinetown and The Most Happy Fella settlements, the author illustrates a growing industry recognition of a director’s staging as a protectable, original contribution, despite the lack …

The Hypocrisy Of The Wizards—A Proposal To Correct Incentives In Higher Education Loan Financing, Caden Benedict

School of Public Policy Capstones

This paper explores the origins of the student loan debt crisis and proposes tying university incentives to graduates' repayment plans and disclosing median earnings for degrees before students apply. Specifically, while there are numerous factors explaining why the price of education has increased dramatically since the 1970s, this paper proposes solutions that will specifically target university moral hazards by requiring universities fund: (1) the current subsidies to federal student loan repayments under income-driven plans as the House of Representatives intended before the Senate removed "risk-sharing," and (2) bankruptcy law discharge amounts. Moreover, requiring universities to disclose the median earnings of …

A Comparative Legal Analysis Of The English And Scottish Reformations, Erin Hanson

Honors Theses

This thesis examines the legal and institutional mechanism that contributed to the decline in Catholicism in early modern England and Scotland during the Reformation period. By analyzing statutory developments, ecclesiastical court structures, and enforcement practices, it compares how each kingdom implemented religious reform and regulated religious conformity. Rather than focusing solely on theological differences, this study emphasizes the role of legal structure and legal institutions in shaping religious governance.

Chapter I outlines the historical and legal background of the English and Scottish Reformations. Chapter II examines prior literature, and Chapter III states the methodology used in this study. Chapter IV …

Confinement And Consent: A Comparative Analysis Of Sexual Abuse In Finnish And U.S. Prisons, Madison A. Greico

Binghamton University Undergraduate Journal

The Bangkok Rules and The Basic Principles for The Treatment of Prisoners are a specific outline of protections and rights for individuals( Bangkok specifically about women) within prisons adopted by the United Nations compromising states. While The United States is a leader in the United Nations and adopted this set of rules, their failures of commitment are extremely apparent. Every year, thousands of prison rapes occur behind bars in New York alone by the very guards meant to protect them. In Finland, another United Nations member, however, has virtually no record of sexual abuse within their prisons. In investigation of …

Philosophically Aligned, Operationally Fractured: Duty-Of-Care In Nagpra Practice, Meghan Ensign

All Master's Theses

This research aims to explore the implementation of the Duty of Care [43 CFR Part 10.1(d)] within the 2024 revision of the Native American Graves Protection and Repatriation Act (NAGPRA) rules and regulations. While NAGPRA was designed to facilitate repatriation, ambiguities and institutional resistance have hindered compliance, necessitating regulatory updates. The 2024 revision added duty-of-care language intended to improve repatriation outcomes and reinforce Tribal sovereignty. Duty of care requires institutions to consult and collaborate with Tribes on curation policies and practices, and to obtain informed consent before allowing research on, exhibiting, or providing access to cultural items or human remains. …

Beyond Judicial Intent: The Agency Of The Defense Counsel In Ozawa’S And Thind’S Supreme Court Cases, Bret K. Luchs

Master's Theses or Doctor of Nursing Practice

This thesis seeks to examine how specific legal strategies by the defense counsel in Ozawa v. United States, 260 U.S. 178 (1922), and United States v. Bhagat Singh Thind, 261 U.S. 204 (1923), compelled the Supreme Court of the United States into a reactive and contradictory position. A re-examination of Ozawa and Thind delves deeper into the legal briefs and arguments made by Takao Ozawa and Bhagat Singh Thind, alongside their legal teams. These briefs, opinions of the court, past lower court cases, and personal statements by Ozawa and Thind demonstrate how they did not surrender to the confines of …

Diplomacy Derailed: Discrimination’S Detour On Route 40, Gage A. Kivlen

Masters Theses, 2020-current

The 1961 Route 40 campaign in Maryland became a critical battleground where three competing approaches to addressing racial segregation revealed deep contradictions in Cold War America. Route 40, a major highway between Washington D.C. and New York, became an international embarrassment when African diplomats from newly independent nations were repeatedly refused service at restaurants and hotels. This crisis prompted responses from three distinct actors: the Congress of Racial Equality (CORE), which employed grassroots organizing and direct action; the State Department's Special Protocol Service Section (SPSS), which pursued top-down diplomatic solutions; and the Federal Bureau of Investigation (FBI), which conducted extensive …

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

The Trial Of Musammat Kelee: Widowhood, Infanticide, And Colonial Justice In Early Twentieth Century India, Rashmi Banerjee

Socio-Legal Review

This article examines the 1920 trial of Musammat Kelee, a Hindu widow from Ajmer-Merwara, accused of drowning her illegitimate infant son in a lake. Drawing on extensive trial records, police reports, and official correspondence, it reconstructs the procedural history of her case and situates it within broader colonial debates on female sexuality, widowhood, and infanticide. Kelee’s conviction under Section 302 of the Indian Penal Code, despite weak evidence, hinged on judicial emphasis on her widowhood and the perceived illegitimacy of her child as proof of motive. Yet her subsequent pardon by the Viceroy’s office reflected a contradictory administrative impulse that …

The Crucial Role Of Grassroots Social Organizations In Advancing Immigrant Legal Protections And Reshaping Immigration Policy, Isabella Reynolds

McNair Summer Research Program

This research project examines how grassroots social organizations contribute to the advancement of immigrant legal protections and shape immigration policy, with a particular focus on formerly incarcerated migrants in California. I focus on case studies and the personal experiences of organizers from Homies Unidos, Border Angels, and other organizations that operate near the San Diego–Tijuana border region. The study illustrates how these groups provide essential services, mental health support, and community-based initiatives for vulnerable and formerly incarcerated immigrants. By conducting oral histories and ethnography as methods for preserving emotional labor and shared memory, this research challenges prevailing narratives that criminalize …

The Rise And Fall Of The Contagious Diseases Acts: An Examination Of The Legislative Influences, Medical Discourse And Repeal Arguments, Elizabeth Henderson

All Theses

The Contagious Diseases Acts (CDA) were the most important legislative intervention concerning sexuality in the nineteenth century. The CDA was a public health measure passed to address the spread of venereal disease amongst the British Army and Navy, and targeted Britain's most vulnerable women – sex workers – because they were blamed for being the presumed cause and primary mode of spreading venereal disease. This resulted in the legalization of what critics of the CDA would call surgical assault, or instrumental rape, of working-class women suspected of being sex workers. Historians who study sexuality and sex work in Britain have …

Life, Liberty And Property: Property As A Weapon Utilized Against Native Peoples And As A Tool To Strengthen Native Sovereignty In The Upper Midwest, Jacob R A Ludwig

HS 390 Primary Research Papers

While many Americans today recognize the continuing paternalism of the federal government towards Tribal governments, much still remains unknown to the public regarding the specific laws, policies and treaties that have provided the continuing legal authority for this paternalism. Throughout American history, the relationship between the federal government and Native American tribes can be seen through the use of violence both in law, and outside of it. Treaties, the basis for removal, have been used by both the federal government and subsequently tribal governments to assert their authority over land. In the Upper Midwest, various Anishinaabe tribes signed several treaties …

The Forgotten Fundamental Right To Free Movement, Noah Smith-Drelich

Northwestern University Law Review

There is a powerful fundamental right hiding in plain sight: the fundamental right to free movement. This right goes beyond the consistently acknowledged—though infrequently applied—fundamental right to interstate travel. The true scope of the Constitution’s protection of movement through substantive due process safeguards local, interstate, and international travel. Though overlooked today, the fundamental right to free movement has deep roots in history and tradition, and in the decisions of numerous state and federal courts, including the Supreme Court.

This Article is the first to examine freedom of movement using the history and tradition test for unenumerated fundamental rights. This Article …

True Law As Genre: Narrative Nonfiction And The Law, Jorge L. Contreras

Texas A&M Journal of Property Law

The Genome Defense, which offers a book-length narrative nonfiction account of the civil litigation that led to the elimination of patents on human genes in the United States, is a member of a distinct literary subgenre that I term True Law. Like the older and better-known True Crime genre, True Law narratives blend the conventions of journalism and novelistic writing to describe complex legal disputes in a manner that is engaging and accessible to the general public. True Law accounts, which have increased in number and popularity since the publication of Jonathan Harr’s A Civil Action in 1995, serve …

From 1957 To 2023: How The Supreme Court Prevented Little Rock Schools From Achieving The Ideal Of Desegregation, Nyssa Kruse

Indiana Journal of Law and Social Equality

No abstract provided.

Seeking Safety And Losing The Self: Affirmative Action Bans And The Whitening Of Mexican American Identity, Bella Bennett

Indiana Journal of Law and Social Equality

No abstract provided.

Courting Bias: Effects Of Gender Socialization And Judges' Genders On Litigants And The Judiciary, Ellie Barmes

Indiana Journal of Law and Social Equality

No abstract provided.

Healing Communities With Police Divestment: Seeking Abolition Through Transformative Reform And Community-Government Collaboration, Jessica E. Gillson

Undergraduate Honors Theses

Concerns about the efficacy and sustainability of the U.S. carceral system have persisted throughout the country’s history, recently fueling renewed activism and bipartisan calls for reform. However, proposed solutions remain divisive. This thesis first defines the current status of our prison systems, then explores collaborative alternatives to incarceration and policing that support communities and break cycles of incarceration.

Focusing on partnerships among local governments, community organizations, justice-involved individuals, and law enforcement, this study examines holistic approaches to crime prevention, reentry, and reintegration. Using an interdisciplinary framework incorporating restorative justice, community resilience, and systems theory, it investigates how community-based strategies can …

Preventing Chemical And Biological Attacks: Enhanced Threats Requiring Enhanced Solutions, Alex Elliot Ottoni-Belval

Graduate Theses/Dissertations

Chemical weapons (CW) and biological weapons (BW) are becoming more dangerous for experts to employ and more accessible to amateurs. Despite CW and BW attacks throughout history that killed and maimed millions of people, the international community has failed to establish meaningful consequences to prevent them. Agreements such as the Chemical Weapons Convention and the Biological Weapons Convention vow to eliminate and reduce the effects of CWs and BWs but lack respected response precedents and capabilities. The limited and inconsistent enforcement has inadvertently allowed CWs and BWs to become plausible weapons, especially to gain asymmetric advantages, while modern developments exasperate …

Federal Election Commission And Indiana Secretary Of State Campaign Finance Information Resoures, Bert Chapman

Libraries Faculty and Staff Presentations

This presentation covers campaign finance information resources produced by the Federal Election Commission (FEC) and Indiana Secretary of State. It describes how these agencies began, details how they oversee and regulate U.S. federal and Indiana state elections, and documents contributions made by individuals, organizations, political parties, and political action committees to individual candidates and organizations. Reporting documentation on these election races is also included.

Gladys Mitchell House Collection, Dan Bonenberger, Jaclyn Panter, Katherine St. Amand, Ian Tomashik, Kate Zorn

Digital Heritage Preservation Collection

This collection explores the life of Gladys Mitchell and the home she shared with her family on Detroit's Eastside. Gladys and her husband, Ossian Sweet, lived with her parents Benjamin and Rosella in a residence on 9322-24 Cairney Street from 1922 to 1925 before moving to the now-historic bungalow at 2905 Garland Street, located about a mile southeast. In 1925, when the Sweets moved into an all-white neighborhood, their experience led to a landmark Supreme Court case that affirmed African Americans' rights to homeownership, including the right to defend their private property.

Benjamin Mitchell and his wife, Rosella, rented the …

Edward's New Welsh: The Foundations Of English Colonialism, 1282-1343, Joshua Lembke

University Honors Theses

This thesis, Edward’s New Welsh: The Foundations of English Colonialism, 1282-1343, examines the tumultuous period following the English conquest of the last independent Welsh kingdom, focusing on the English Crown's efforts under King Edward I to integrate Wales administratively and culturally. By reevaluating the appropriation of the Prince of Wales title, the study highlights the creation of a 'New Welsh' identity aligned with English interests. Key legal acts, such as the Statute of Rhuddlan and the establishment of English-style boroughs and castles, are analyzed to reveal the Crown's strategic embedding of English governance and suppression of native Welsh resistance. …

Salafi Reformist Fatwas And The Challenge To Traditionalism In Egypt And Arabia, 1895 – 1930, Samuel Scurry

Graduate Theses and Dissertations

Studies of the Islamic intellectual movement commonly known as Salafism have long focused either on the modernist reformers in Egypt and Syria in the late nineteenth and early twentieth centuries, or on the far more austere and sometimes militant iterations of Salafism from the mid-twentieth century to the present day, often associated with Wahhabism. A handful of scholars have examined the links between the two and the transition from the earlier to the later Salafis, however many works which impacted the evolution of Salafism at the dawn of the twentieth century have been neglected, especially those which do not align …

Legislating Morality In The Gilded Age And Progressive Era: Moral Panic And The “White Slave” Case That Changed America, Nancy C. Unger

History

This article is based on the presidential address presented to the Society for Historians of the Gilded Age and Progressive Era at the meeting of the Organization of American Historians in Los Angeles in 2023. Its focus is Maury Diggs and Drew Caminetti, two white men from Sacramento, California, charged with violating the Mann Act (known as the White Slave Trafficking Act) in 1913. The Gilded Age and Progressive Era obsession with white slavery, a phenomenon that has particular resonance in today’s climate, reveals the power of moral panics. Examining the steps, and missteps, that various legal, social, and political …

What Figures Lurk On Madame Elysé’S Path? Reflections On Philippe Sands’ The Last Colony, Diane Marie Amann

Scholarly Works

One person’s life forms the core around which Philippe Sands’ The Last Colony explores the events leading up to the advisory opinion on the Legal Consequences of Chagos Archipelago from Mauritius in 1965. That person is Liseby Bertrand Elysé, who was born in 1953 in Chagos, then forcibly removed to Mauritius in 1973. Her efforts to return home eventually brought her to a 2018 hearing at The Hague, where she spoke to the International Court of Justice bench by means of a subtitled video. This essay, which appears in a symposium issue on Sands’ book, investigates the ethics, the effectiveness, …