Legal Commons^™

A History Of The Underground Comix Scene: The Seriousness Of An Unserious Genre, Harris Darcie Shugart

Master's Theses

The Underground Comix Scene of the 1960s and 1970s was born out of an age of censorship. The Comics Code Authority, a regulatory body created by the Comics Magazine Association of America in 1954, established guidelines requiring publishing houses to self-regulate following a recommendation from the United States Senate Subcommittee on Juvenile Delinquency in 1953. Comix with an X, for their X-rated nature, represent an emerging counter-culture in the latter half of the 1960s and the 1970s, with an epicenter of San Francisco. These comix and their artists were not interested in obtaining the looming ‘Seal of Approval’ from the …

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 …

The Southampton Plot: The Case For Innocence (1415), Haley Buckles

Electronic Theses and Dissertations

This thesis investigates the "Southampton Plot" of 1415, a famous conspiracy to overthrow King Henry V of England. While history often portrays the plotters as simple traitors against the government, this study reexamines original records to show a more complex story. By looking closely at how the English government handled the trials, the research reveals that the English Crown may have exaggerated the threat to strengthen the King’s political power before he invaded France. This study shows that what we call "treason" was often shaped by the government’s need to control its public image and hold on to power. Ultimately, …

Faith Under The Führer: Protestant Pastors In Nazi Germany, Katie Cassady

Senior Honors Theses

This research examines Protestant churches in Nazi Germany and their varied reactions to Hitler’s Third Reich, tracing the Nazi rise to power, the Kirchenkampf (Church Struggle), the Confessing Church’s resistance, and figures like Dietrich Bonhoeffer, Martin Niemoller, and Karl Barth. Hitler campaigned on a platform purporting to support religious freedom, but the state-sponsored persecution of Christian churches later revealed such promises as a facade. The Kirchenkampf exemplifies the reactions of Protestant German churches to Hitler’s rule: The German Christian Movement (GCM) endorsed Hitler’s radical racial theories, while the Confessing Church confronted the unbiblical rhetoric used by the GCM.

The Right-To-Work Debate In Louisiana: How A Moment Of Violence Changed Law, Emma K. Thigpen

LSU Master's Theses

These two projects focus on the rise of business communities in twentieth century politics of the South and how they shaped national visions of the United States’ economic future. Chapter 1, a primary source project about how labor violence led to a Right-to-Work law, examines the actions of the La. AFL-CIO, led by Victor Bussie, and the Louisiana Association of Business and Industry, led by Edward Steimel, as they pursue alternate visions of economic progress and the “American way.” A major theme of this chapter is how violence was manipulated and refashioned to legitimize a lobbying organization and legislation intended …

Res Historica, Volume 5, Alpha Rho Epsilon Phi Alpha Theta, Lindsay Rae Smith Privette Phd

Res Historica

The 2026 journal of historical research by Anderson University students, Res Historica.

The editorial team for this edition of Res Historica was Dr. Lindsay Rae Smith Privette, Julia Ackerman, Callyn Wright, Logan Davis, and John Hinton. Cover art by Mary Beth Lee.

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 …

A Wound Upon The Union: John Quincy Adams And The Treaty Of Indian Springs, Spencer Peacock

Honors Theses and Capstones

This thesis examines the crisis that developed after US president John Quincy Adams signed, then disavowed (allegedly over moral concerns), the fraudulent 1825 Treaty of Indian Springs with the Creek Indian Nation. The thesis probes Adams' motives during the Treaty of Indian Springs crisis, and seeks to connect the crisis to the evolution of US federal Indian policy in the 1820s, prior to the mass Indian removal of the 1830s.

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 …

“An Extremely Dangerous Institution:” The Cultures And Controversy Of Public Social Dances In Montana, 1900-1930, Danielle Allison Brown

Graduate Student Theses, Dissertations, & Professional Papers

This paper explores public social dances east of the Continental Divide in Montana from 1900 to 1930. Rural social dances in schoolhouses and urban dances in dance halls created two different dance cultures. The relaxed nature of rural dances preserved the traditional values of nineteenth-century social dances, which reinforced community and family ties. Urban dances reflected the modern fads of the roaring twenties and challenged traditional values with sexual suggestiveness. Progressive Era moral reformers concerned about the possibility that social dance promoted illicit sexuality participated in an anti-dance movement and pushed for regulations of social dances. The anti-dance movement in …

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 …

Left Or Right, Loyal Or Disloyal: Ideology, Partisanship, And Empire In The Construction Of Interwar Japanese American Politics, Vivian Yan-Gonzalez

Asian American Studies Faculty Articles and Research

This article examines the first cohort of Japanese American voters in California in the interwar years, in order to explore the construction of racialized parameters on Japanese American political agency. Inter-imperial competition between the United States and Japan over the future of the Pacific, along with the popular and legal linkage of race and citizenship, produced a persistent distrust of Japanese American voters. Although Japanese Americans shaped their political strategies to appease these suspicions, militarized state demands for loyalty after the attack on Pearl Harbor sharply contracted their options from a range of diverse ideologies and partisanship to a narrow …

From Tragedy To Triumph: Maine’S Lgbtq+ History (1984-2005), Aidan King '25

All Student Scholarship

Maine’s LGBTQ+ history may be very rich, but true acceptance was an uphill battle. For decades, queer residents of Maine fought for equal rights in the state. The Stonewall riots in 1969 in New York City were an early sign that LGBTQ+ citizens were not going to continue to let their identities be suppressed, but as the years progressed, so too did the confidence of queer people to be open about their identities, including in Maine. In 1973, at the University of Maine, the Wilde-Stein Club was established, to the deep chagrin of homophobic fundamentalist preachers whose protests against the …

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 …

Iii.A.2 Displacement & Barriers To Home Ownership, Kim Rostan, Bria Harper, Jim Neighbors, Mark Byrnes

Crafting Democratic Futures

This document explains how systemic racism and discriminatory policies from the Civil War & Reconstruction period through the 20th century prevented African Americans in Spartanburg from building wealth through land ownership and home equity. It details barriers such as Black Codes, sharecropping, convict leasing, exclusion from New Deal programs, discriminatory housing policies, and urban renewal projects that displaced Black neighborhoods without providing equitable opportunities for economic advancement.

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 …

0892: The Gregg Family Papers, 1940-2024, Marshall University Special Collections

Guides to Manuscript Collections

Anna Catherine “Kay” Kelly Gregg was born in 1920 in Dawson, West Virginia, to Aldridge James Kelly and Mary Leah Lowry. She was raised in Huntington, West Virginia, alongside her four siblings: James Thompson Kelly, Franklin C. Kelly, Bonna Kelly Paul, and Jeanette W. Kelly Scheerer. Kay enrolled at Marshall College in 1940 and completed her Bachelor of Arts degree from the Teachers College on September 12, 1944.

Harrison “Harry” Humphreys Gregg was born in Cincinnati, Ohio, to Daniel B. Gregg and Rebecca Humphreys. He attended the University of Cincinnati and later met Kay Kelly while visiting Huntington. The two …

Using The Colonizers’ Own Weapons: The Politics Of Equality, Freedom, & Integration In Advocacy Against American Indian Termination, Eliza Kravitz

Swarthmore Undergraduate History Journal

Beginning in the early 1950s, the United States Congress enacted a program of “termination” of American Indian tribes. By eliminating the special relationship between tribes and the federal government, termination aimed at the full assimilation of American Indians into U.S. society. Government proponents advocated for termination using the language of equal rights, freedom, and integration. Previous scholarship has shown that anti-termination advocates, by contrast, appealed to the internationalist Cold War language of development, self-governance, and global decolonization to resist termination. These same leaders also invoked the civil rights language of termination’s proponents, however. Their arguments illustrated how the federal government …

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. …

Legal Slavery In America: A Precedent Set By A Black Plaintiff, Edwin Vazquez

Bound Away: The Liberty Journal of History

The legal precedent for slavery in America was set by a free black in a case decided by a seventeenth-century court granting the ownership of a black defendant to a black plaintiff. Slavery was not introduced by the arrival of the first Africans at Point Comfort in 1619. Ironically, it was introduced by precisely one of these first African arrivals to the New World. From this point, it developed into the known institution of slavery that later had to be quelled by a Civil War.

Iron In The New World’S Veins: Government, Ironworks, And Community In The Massachusetts Bay Colony, Abigail Adam

Masters Theses, 2020-current

The Massachusetts Bay Company conceived of a colonial iron industry as early as 1628; two years before its leaders migrated to the New World. The colony’s founders continued their efforts to establish a functioning iron industry in subsequent decades. With the General Court’s support, John Winthrop Jr. engaged in business with the London-based Company of Undertakers to make the iron industry a reality. Nevertheless, previous scholarship has neglected the iron industry’s place in the Massachusetts Bay Colony’s establishment. Yet surviving court records and correspondence indicates that these two bodies are inseparable. Indeed, the General Court used the ironworks to materially …

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 …

Unilateralism And Strategic Ambiguity In American Foreign Policy: Contextualizing The Taiwan Relations Act, James L. Landers

Honors College Theses

The goal of this thesis is to examine the unique historical context surrounding the enactment of the 1979 Taiwan Relations Act in order to demonstrate how congressional unilateralism, a core component of enacting the TRA, led the United States to strengthen a policy of strategic ambiguity toward Taiwan and China. As a result of its enactment, the TRA has been criticized by the mainland Chinese government as an example of foreign policy that is contrary to the traditional values promoted by the United States. This study examines the creation of the TRA through government documents, legislation, and speeches and aims …

Recognition Promotes Sodomy: Gay Lib Vs. The University Of Missouri, Micah Hillier

Undergraduate Research Symposium

In the spring of 1971 Larry Eggleston, president and founder of the Gay Lib student organization at the University of Missouri, submitted the proper documentation for formal recognition of his club. The dean, and subsequently the executives of the University of Missouri, denied the club’s petition. What followed was a contentious game of chess between the university and its gay student population, the outcome of which would span seven years and litigation that rose all the way to the supreme court. What motivated the University of Missouri’s decision to ban gay student organizations in the 1970s? The answers can be …

Historical Evolution Of The Late 20th-Century Maritime Claims, The Concept Of The Nine-Dash Line, And The Dispute In The South China Sea, Kamil Nowak

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study discusses the origins and development of the South China Sea dispute. It briefly analyzes the overlapping maritime claims, their justifications and legal aspects, and key clashes between the actors across the second half of the 20th century. It uses a historical perspective to assess the present-day conflict. The study discusses the impact of international agreements, national policies, claimants' domestic factors, and external influences connected to the geopolitical situation of the period to determine how they influenced the dispute. The analysis reveals that amidst more pressing global events, the South China Sea issue was frequently overlooked by the international …

On The Promises And Failures Of Anticolonial Constitutionalism In India: A Review Of Sandipto Dasgupta’S Legalizing The Revolution, Shaunna Rodrigues

Socio-Legal Review

This review of Sandipto Dasgupta’s Legalizing the Revolution: India and the Constitution of the Postcolony (Cambridge University Press 2024) delves into the complex legacy of constitutionalism in postcolonial India. The book assesses constitutionalism in India as an instrument that translated the revolutionary aspirations of an anticolonial mass movement into a legal framework for societal transformation. Dasgupta illuminates constitutionalism’s dynamic mediation of conflicting visions from India’s diverse masses and its political leaders, demonstrating how it intertwined the promise of anticolonialism with enduring tensions of representation, legal interpretation, and bureaucratic planning. He critically analyses its role in the development discourse in India, …

The Battle Over Diversity, Equity, And Inclusion And Critical Race Theory In Florida: A Case Study On The Stop W.O.K.E. Act, Grace Anne Castelin

Honors Undergraduate Theses

Accelerating from 2022 and continuing through 2024, the state of Florida has experienced significant policy changes, particularly within the realm of higher education and affairs of diversity, equity, and inclusion (DEI). Many progressive officials, experts, and activists assert arguments that the state is on the verge of evolving into an authoritarian regime while many illiberal policies are being produced through the Florida legislature and current executive leadership—social and economic sectors are consequently threatened in order to maintain political oppression. The Stop W.O.K.E. Act has served as a catalyst for shifting the state's political stance on DEI, culminating in a chain …

Quasi-Democratic Imagination: How The Constituent Assembly Envisioned The Parliamentary Opposition, Rupak Kumar

National Law School Journal

Institutionalising parliamentary opposition ensures political pluralism, and an opposition needs constitutional protections to enable it to demand accountability and seek scrutiny over the executive. How did the Constituent Assembly of India envision the idea of parliamentary opposition? Did it take the issue seriously? Or, overshadowed by the burgeoning dominance of the Congress Party, was it apprehensive about providing constitutional space for the opposition? Some members of the assembly did demand that an institutional space be created to guarantee an effective opposition. But these demands were not given serious attention in the assembly. This paper argues that, in effect, the assembly …