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.

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 …

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 …

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 …

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.

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 …

Individual Rights Vs. Collective Value In Paragraph 218: The Role Of Political Tradition In The Development Of German Abortion Policy, Annie Morgan

CISLA Senior Integrative Projects

No abstract provided.

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …

The American Tradition Of Self-Made Arms, Joseph G.S. Greenlee

St. Mary's Law Journal

No abstract provided.

Unveiling Macau Gaming Inspectors: Functions, Conditions And Operations, Changbin Wang, Hong-Wai Ho

UNLV Gaming Research & Review Journal

Macau has seen the rapid development of casinos in the past two decades. Long-established regulatory control of the city’s gaming industry ensures compliance with the applicable regulations and standards. Among other regulators and staff, gaming inspectors are responsible for the first-line supervision of gaming operations across Macau casinos. This paper is the first attempt to review the casino regulatory inspection in Macau with a particular focus on the functions and practices of gaming inspectors stationed at casinos. Existing internal and external factors affecting the functions of gaming inspectors are identified and discussed in this paper. The authors of this paper …

The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith

The Purdue Historian

This paper covers how the substance and meaning of liberty changed during the ending years of the Gilded Age (1870-1900) through the beginning ages of the Civil Rights Movement (1954-1968). Economic liberty took shape in the cases Allegeyer v. Louisiana (1897) and Lochner v. New York (1905). Civil liberties would take several more years to come into the Supreme Court’s jurisdiction. The case Gitlow v. New York (1925) began the establishment of incorporation of the Bill of Rights to the states, otherwise known as our fundamental liberties (note: The Supreme Court used selective incorporation, however). In the case U.S. v. …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

Anti-Anarchist Legislation And The Road To The 1919 Red Hysteria, Evan Crumb

College Honors Program

In my thesis, I connect anti-anarchist legislation from the early 1900s with the excesses of the 1919 Red Scare. I tie the actions of anarchist leaders Emma Goldman and Alexander Berkman to legislative responses, which were then weaponized after the hysteria of the Russian Revolution culminating in the deportations of 249 Russian “radicals” on the Soviet Ark. I find that the Supreme Court’s legal interpretation of the 1903 Immigration Act’s anti-anarchist provision in Turner v. Williams (1904), and the 1902 Criminal Anarchy Act in Gitlow v. New York (1925) were rational—understandable—within their legal and social context.

My legal history bridges …

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …

Ostracism And Democracy, Alex Zhang

Faculty Articles

The 2020 Presidential Election featured an unprecedented attempt to undermine our democratic institutions: allegations of voter fraud and litigation about mail-in ballots culminated in a mob storming of the Capitol as Congress certified President Biden’s victory. Former President Trump now faces social-media bans and potential disqualification from future federal office, but his allies have criticized those efforts as the witch-hunt of a cancel culture that is symptomatic of the unique ills of contemporary liberal politics.

This Article defends recent efforts to remove Trump from the public eye, with reference to an ancient Greek electoral mechanism: ostracism. In the world’s first …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

The Munemitsu Legacy: The Japanese American Family Behind Mendez V. Westminster: California’S First Successful Desegregation Case, Annie Tang

Library Articles and Research

"Many Orange County, California schoolchildren know the name 'Mendez.' After all, the iconic name is front and center of the landmark civil rights case that desegregated several of the county’s public schools in 1947, preceding the 1954 Brown v. Board case on a national level. The Mendez family, one of five Latino families which challenged several school districts in the county on their practice of Mexican-only schools, had their name immortalized in history. But the Mendezes would not have been able to lead the legal charge if it was not for another family of color, the Munemitsus, the Japanese American …

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

Lost & Found: New Harvest, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

Set in Fustat (Old Cairo) in the 12th century, a great crossroads of Islam, Judaism, and Christianity. The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens …

Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.

Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr

Faculty Book Display Case

Would the United States have developed differently if Virginia had not passed a law in 1670 proclaiming all subsequently arriving Africans as servants for life, or slaves? What if the state had not stripped all Free Blacks and Indians of voting rights in 1723, or outlawed interracial sex for 337 years?

Complicated Lives upends the pervasive belief that all Africans landing on the shores of Virginia beginning in late August 1619, became slaves. In reality, many of these kidnap victims received the status of indentured servants. Indeed, hundreds of thousands of free African Americans in the South and North owned …

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to …