Legal Commons^™

April Miller Et Al. Vs. Kim Davis (Date Filled August 19, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, Ph.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; and BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, Individually, Defendant-Appellant. On Appeal From The United States District Court For The Eastern District of Kentucky In Case No. 15-cv-00044 Before The Honorable David L. Bunning APPELLANT KIM DAVIS’ EMERGENCY MOTION FOR IMMEDIATE CONSIDERATION AND MOTION TO STAY DISTRICT COURT’S AUGUST 12, 2015 ORDER PENDING APPEAL

Never Again: The Genocide Convention In Review, William Chalmers

Seton Hall University Dissertations and Theses (ETDs)

The 1948 Convention on the Prevention and Punishment of the Crime of Genocide was supposed to, as its title states, prevent any further genocides from occurring. In the event the United Nations could not prevent genocide the convention obligates all member States to intervene and punish those perpetrating the crime. Despite the existence of the Genocide Convention the world has witnessed several more cases of genocide, some of which the perpetrators have either not been punished or have been punished long after they have committed the crime of genocide. With a lack of prevention and punishment critics of the Genocide …

April Miller Et Al. Vs. Kim Davis (Date Filled August 14, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants. CIVIL ACTION 0:15-CV-00044-DLB DISTRICT JUDGE DAVID L. BUNNING KIM DAVIS, Third-Party Plaintiff, v. STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky, and WAYNE ONKST, in his official capacity as State Librarian and Commissioner, Kentucky Department for Libraries and Archives, Third-Party Defendants.

April Miller Et Al. Vs. Kim Davis (Date Filed August 12, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, et al., PLAINTIFFS vs. KIM DAVIS, individually and in her official capacity, et al., DEFENDANTS CIVIL ACTION NO. 15-44-DLB UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, NORTHERN DIVISION 2015 U.S. Dist. LEXIS 105822 August 12, 2015, Decided August 12, 2015, Filed.

April Miller Et Al. Vs. Kim Davis (Date Filled August 12, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

CIVIL ACTION NO. 15-44-DLB APRIL MILLER, et al. PLAINTIFFS vs. MEMORANDUM OPINION AND ORDER KIM DAVIS, individually and in her official capacity, et al. DEFENDANTS

The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram

Harvey M. Applebaum ’59 Award

This thesis examines the extent of the President’s wartime detention authority over citizens (in particular, detention authority pursuant to Article II of the U.S. Constitution) through a legal-historical lens. Some Presidents (Abraham Lincoln, Franklin Roosevelt, George W. Bush) have historically relied on Article II authority for detention, while others (Ulysses Grant, Barack Obama) have disclaimed the notion that such authority exists. Clarifying the scope and source of the Presidential detention authority over citizens bears both theoretical and real-world relevance. Theoretically, it lies at the confluence of two central American constitutional traditions – the separation of powers, and the protection of …

Civil And Common Law: A Historical Analysis Of Colonial And Postcolonial Canada, Patrick S. Stroud

Butler Journal of Undergraduate Research

Legal historians divide European law into two principal families: common law (British law) and civil law (continental European law). Common law judges favor cases; courts “discover” law on a case-by-case basis and those cases make precedents for future ruling. Civil law courts favor codes; courts compare cases to existing laws and those laws control judges’ rulings. The two rarely interact, save one prominent example: Canada. British common law supposedly superseded French legal traditions in colonial Canada. But is history so binary? Did British common law truly “conquer” French civil law? Through analysis of Canadian legal history, this article demonstrates how …

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.

John William Wallace (February 17, 1815-January 12, 1884): An Appreciation Upon The Two Hundredth Anniversary Of His Birth, Joel Fishman

Law Faculty Publications

In 2015 we celebrated the two hundredth anniversary of the birth of John William Wallace-librarian, court reporter, historian-who was born February 17, 1815 in Philadelphia and died on January 12, 1884. Known mostly as a reporter for the U.S. Supreme Court, this short biography tries to expand on some of the other accomplishments of his life. He was the son of John Bradford Wallace and Susan Binney, sister of the eminent Philadelphia lawyer, Horace Binney and descendant of the two famous printers in Pennsylvania, two William Bradfords in colonial Pennsylvania. Wallace studied law in his father's office and John Sergeant. …

The Merger Of Two Systems: Chinese Adoption And Western Adaptation In The Formation Of Modern International Law, Kevin D. Herrick

Georgia Journal of International & Comparative Law

No abstract provided.

Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe

Student Publications

This paper begins with three major factors that set the stage for Shelby: first, a history of the VRA; second, an overview of Northwest Austin with a focus on how it led directly to Shelby; and finally, Shelby County’s motivations for bringing the suit. An examination of racial demographics compared to statistics on voter registration and minority officeholders in Alabama and Louisiana—two states originally subject to preclearance—follows in light of the Court’s claims on the matter. A conclusion will take a brief look at laws passed since Shelby with an eye towards a future critique. [excerpt]

New York Stock Exchange, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of the origins and early development of the New York Stock Exchange.

When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo

Faculty Publications By Year

James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back …

Letter To Editor Indiana Magazine Of History, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Letter responding to comparison of Guantanamo bay terrorist detainees with the noted Indiana Civil War case of Lambdin Milligan, ultimately decided by the U.S. Supreme Court, who was detained by Union military authorities during the Civil War for his pro-confederate activities and tried by a military court.

Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi

Master's Theses

This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the Saharawi population from …

The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell

Communication

This chapter is a reexamination of the Writs of Assistance speech by James Otis. In particular, it is a reconsideration of the evidence upon which rests the historical reputation of Otis’s address. Are the claims by historians who credit Otis with sparking the Revolutionary movement in colonial America warranted or not? That reassessment begins with a detailed review of the nature and function of writs of assistance within the political, legal, and economic environment of colonial Massachusetts. It then turns to an analysis of the legal dispute over writs of assistance in the 1761 trial. From there we will reconstruct …

Locke V. United States And The Definition Of Probable Cause In U.S. Civil Forfeiture Proceedings, Benjamin Groff

Legal History Publications

United States civil forfeiture laws are rooted in admiralty in rem forfeiture proceedings that go back to mid-1700s English customs law, and a statute called the Act of Frauds. The procedure was born of the necessity of international marine trade. Similarly, when it came to using in rem seizure to enforce the customs laws, the Crown used a burden shifting presumption that was also born of necessity. Vessel owners were required to come forward and exculpate their vessel once the Crown showed probable cause of a violation. In Locke v. United States, Justice Marshall upheld that burden shifting presumption and …

Manro V. Almeida: Piracy, Maritime Torts, And Attachment In Rem, Stephanie Owen

Legal History Publications

In 1820, Captain Joseph Almeida, on the Bolivar and under South American colors, pursued and captured the Spanish ship Santiago off the coast of the Chesapeake Bay. On board was $5000 in specie owned by a small group of Baltimore merchants. The Baltimore merchants brought a libel against Captain Almeida and requested an attachment in rem to force Captain Almeida to answer for the maritime tort. Although the attachment initially issued, the lower court restored Captain Almeida’s goods. In 1825, the United States Supreme Court ruled that attachment in rem was a proper remedy for a maritime tort.

The Development Of Personal Status Law In Jordan & Iraq, Kelsey Cherland

CMC Senior Theses

This thesis explores the historical development of personal status law, which governs a person’s marriage, divorce, and custody rights. It is significant because it is part of a framework that has defined women’s rights for centuries. I will argue that personal status law is a patriarchal framework that has been reinforced over time, leading up to the creation of nation-states in the Middle East. As such, this is the “institution” of personal status that will be traced using historical institutionalism theory. In this thesis I will argue that personal status has undergone a critical juncture, or crucial moment of potential …

"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.

A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer

Faculty Articles

The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …

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 …

Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland

Law Faculty Publications

No abstract provided.

The Clerks Of The Four Horsemen (Part I), Barry Cushman

Journal Articles

The names of Holmes clerks such as Tommy Corcoran and Francis Biddle, of Brandeis clerks such as Dean Acheson and Henry Friendly, and of Stone clerks such as Harold Leventhal and Herbert Wechsler ring down the pages of history. But how much do we really know about Carlyle Baer, Tench Marye, or Milton Musser? This article follows the interesting and often surprising lives and careers of the men who clerked for the Four Horsemen - Justices Van Devanter, McReynolds, Sutherland, and Butler. These biographical sketches confound easy stereotypes, and prove the adage that law, like politics, can make for strange …

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.

Union And States’ Rights: A History And Interpretation Of Interposition, Nullification, And Secession 150 Years After Sumter, Neil H. Cogan

University of Akron Press Publications

Edited by Neil H. Cogan, who is a well-versed legal scholar of constitutional law, civil rights, and civil and criminal procedures, this volume is a collection of papers on a central issue of governance in the United States; namely, what is the power of the States to object to and cancel Federal law with which they disagree. For eighty-one years, from the ratification of the Constitution to the end of the Civil War, this issue of State power was the central issue of governance. Chapters address the history and legal arguments for three assertions of such State power: interposition, nullification, …

Criminal Procedure And The Supreme Court - Then And Now, David Rudstein

125th Anniversary Materials

No abstract provided.

John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt

125th Anniversary Materials

No abstract provided.

125 Years Of Law Books, 1888-2013, Keith Ann Stiverson

125th Anniversary Materials

No abstract provided.