Legal Commons^™

Jus Soli And Jus Sanguinis: Politics, Race, Culture, And Citizenship In The Dominican Republic And Haiti, Guido A. Proano

Dissertations, Theses, and Capstone Projects

The promulgation of laws such as the Dominican Republic’s Constitutional Court’s Judgment TC-168-13 serves as a basis upon which to argue the major impediments presented by the Dominican government to deny Haitians and Dominicans of Haitians descent citizenship. The right to citizenship is based on legal principles of jus soli and jus sanguinis and is recognized in a series of international legal documents. Following a Marxist framework, this research demonstrates the uncounted possible relationships between modern social forces and politics that have been working closely following European productions of knowledge for decades against Haitians and Dominicans of Haitian descent in …

Legislating Healthcare: A Legislative History Of Healthcare Equity And Access In The Mid-20th Century United States, Jazmin Alvarez

The Pegasus Review: UCF Undergraduate Research Journal

Historically, the United States has struggled to provide accessible healthcare to all Americans. Now, due to the COVID-19 pandemic, the country must rebuild its healthcare system to account for the devastating loss of healthcare personnel and the impending physician shortage. This paper discusses four U.S. laws that were intended to increase accessibility and how their history can guide the nation to better healthcare.

Review- Archives And Human Rights, Alexandra Pucciarelli

Journal of Contemporary Archival Studies

Archives and Human Rights edited by Jens Boel, Perrine Canavaggio, and Antonio González Quintana utilizes seventeen case studies to examine the role archives and archivists can play in international justice after human rights violations. The cases include but are not limited to; Rwanda, Spain, and Cambodia.

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 …

"Prophecies Of Loss": Debating Slave Flight During Virginia's Secession Crisis, Evan Turiano

Publications and Research

This article examines debates over fugitives from slavery during Virginia’s secession movement. By considering these debates in the context of Virginia’s history of freedom seekers, the constitutional politics of fugitive slave rendition, and white fears of politically informed slave resistance, this article clarifies how proslavery Virginians understood the threat posed by interstate slave flight in 1861. In the wake of Abraham Lincoln's election, proslavery Virginians on both sides of the secession conflict agreed that runaways posed a grave danger to the future of slavery in the state. Early in the convention, southeastern planters and northwestern unionists forged an alliance based …

"Secession's Moving Foundation": Fugitive Slave Rendition And The Politics Of American Slavery, Evan Turiano

Dissertations, Theses, and Capstone Projects

This dissertation examines the political conflict over fugitive slave rendition from the era of the American Revolution through the passage of the 1850 Fugitive Slave Law. It pays particular attention to the struggle over the legal rights due to African Americans accused of being fugitive slaves. Slaveholders claimed an absolute property right over accused fugitive slaves and argued that any recognition of legal remedies for accused runaways threatened that right. Free African Americans and their allies in the abolitionist movement asserted that Black people accused of having escaped slavery were due a legal process. This was a vital protection against …

Plyler V. Doe: The Education Of Undocumented Alien Schoolchildren In Texas, 1975-1982, John Powell

History Theses and Dissertations

When a Texas statute denied a free public education to those who were not citizens or legal residents of the United States, four Mexican-American families challenged the constitutionality of that statute. The Supreme Court ruled in their favor, confirming that the Equal Protection Clause protects everyone regardless of immigration status.

Clark Memorandum: Spring 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• General Joseph Smith and His Candidacy for the Presidency of the United States
• Leadership Lessons from the Life of Dallin H. Oaks
• Flunking the Founding
• Seven Lessons from the Life of Rex Lee

2nd Place Contest Entry: Student Governance During The Free Speech Movement, Philip Goodrich

Kevin and Tam Ross Undergraduate Research Prize

This is Philip Goodrich's submission for the 2022 Kevin and Tam Ross Undergraduate Research Prize, which won second place. It contains their essay on using library resources, their bibliography, and a summary of their research project on student governance during the free speech movement.

Philip is a fourth-year student at Chapman University, majoring in History and Political Science. Their faculty mentor is Dr. Alexander Bay.

Property Laws, White Settler Power And The Kingdom Of Hawai’I, Martin Rakowszczyk

Swarthmore Undergraduate History Journal

Hawai’ian property laws in the 19^th century, while intended to provide for the transition of the islands to a European mode of commerce and allow for greater prosperity, weakened the power of Native Hawai`ian subjects and ultimately contributed to European planter power and the eventual annexation of the islands. Prior to European contact, land in the Kingdom of Hawai`i was communally owned and not treated as a tradable commodity. However, forced to settle foreign debts, the Hawai’ian government instituted land reform intended to raise money and maintain Hawai’ian sovereignty. Given the constant threat of annexation by Western powers and …

Boston Discusses The Massacre, Jean C. O'Connor

The Montana English Journal

Teachers may use this chapter from The Remarkable Cause: A Novel of James Lovell and the Crucible of the Revolution as a short story for grades 7 – 12., to explore themes of interpersonal conflict, conflict resolution, and the value of law.

The chapter “Boston Discusses the Massacre” is taken from The Remarkable Cause: A Novel of James Lovell and the Crucible of the Revolution (Knox Press, 2020), and used with permission. James Lovell, teacher at the Boston Latin School, discusses the pivotal events of March 5, 1770. As the conflicts that become the American Revolution begin a group of …

Original Intent: Brown Vs. Board Of Education, White Backlash, & The Enduring Power Of De Facto Segregation, Aaron Brand

Theses and Dissertations

This thesis examines the factors and outcomes surrounding Brown v. Board of Education of 1954. The events that predated it and the resistance that followed determined the chain of consequences from this perceived victory over racial bias. The calculated and persistent backlash against integration obscured Brown’s intent of educational opportunity.

From The End Of Politics To Legitimate Opposition: Political Perceptions Of The 37th Congress Of The United States In The North 1860-1862, Lauren Dubas

Honors Program: Senior Projects (Public)

This paper intends to explore the political landscape of the Union during the first two years of the Civil War, specifically how the people in the North perceived what remained of the Congress from 1860-1862. I will be using a combination of primary and secondary sources to cover the 37^th Congress of the United States, whose members were elected in 1860 and legislated until the next Congressional election in 1862. My research shows several significant stages in the political landscape during this period and uses these stages of partisan politics as the foundation for understanding how the federal government, …

The Chosen One?: Reflections On Mid-Century Egyptian Nationalism, Gamal Abdel Nasser's Charismatic Leadership, And The Suez Crisis Of 1956, Owen P.S. Hobbs

Honors Theses

This thesis considers Gamal Abdel Nasser's 1956 nationalization of the Suez Canal and the subsequent Suez Crisis in the broader context of the histories of nationalism and charismatic leadership in a decolonial setting. Chapter one synthesizes the works of notable scholars into a cohesive historiography of nationalism's emergence in Egypt and Nasser's unique role within mid-century Egyptian society. Chapter two examines the direct causes of the Suez Crisis within the previously established context of nationalism and charismatic leadership, drawing new conclusions from memos, telegrams, and the Egyptian Government's 'White Paper on the Nationalization of the Suez Canal Maritime Company' -- …

Grayscale Thoughts: Reactions To Brown V. Board Of Education, Haylee Orlowski

James Madison Undergraduate Research Journal (JMURJ)

The 1954 Supreme Court case Brown v. Board of Education established that the segregation of public schools based on race violated the Equal Protection Clause of the Fourteenth Amendment. Across the United States, there was a spectrum of reactions to Brown. Responses ranged from optimism and celebration to anger and violence. This paper surveys the varied reception of Brown from politicians, parents, teachers, journalists, and other parties. It acknowledges the grayscale of opinions within and across demographic lines. The purpose of this paper is to recognize the complexity of a critical moment in the civil rights movement to prevent …

Antonia Sentner's Fight Against Deportation: An Example Of The Federal Government's Fight Against Communism, Claire Wehking

Undergraduate Research Symposium

In the 20th century, the United States government used deportation as a tool to circumvent certain Constitutional protections in order to crack down on radicalism. This tactic was used in both the first and second “Red Scares.” In the 1940 and 1950s, a St. Louis deportation case rose to national prominence as it progressed through the federal court system. Antonia Sentner was the wife of Communist Party U.S.A. member and local labor leader, William Sentner. Her requests for naturalization were denied, even though her husband and children were born in the United States and she had lived here since she …

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 …

Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki

Swarthmore Undergraduate History Journal

Through a Philosophical analysis of the nature of Internment Camps as well as oral histories of veterans who volunteered to serve in the US military from the camps, this paper will argue that the internment of Japanese Americans during WWII was an event that the Supreme Court and surrounding legal discourse placed outside of legal jurisdiction. Those within the camps were thus condemned to a life lacking political qualification and juridical personhood. Faced with the dangers of this condition, interned Japanese Americans who served in the U.S. Army consciously laid claim to the American political community through the sacrifice of …

The Road To Self-Support: Vocational Rehabilitation And The Associational State, 1917-1945, William Jared Norwood

Graduate Student Theses, Dissertations, & Professional Papers

“The Road to Self-Support: Vocational Rehabilitation and the Associational State, 1917-1945” traces the origins and development of the Civilian Vocational Rehabilitation (CVR) program from its inception in 1920 until the conclusion of the Second World War. Rapid industrialization and the fallout of the First World War handed the nation a large amount of people with disabilities, which drew on already strained state and local welfare relief. The project examines the interwar period and finds it to be a battleground of differing governing strategies over how best to solve America’s growing level of disabled workers. The project argues that policymakers settled …

Reconstructing The Black Family: How The Freedmen’S Bureau Sought To Shape Black Family Structures After Emancipation, Megan R. Busby

Honors Theses and Capstones

No abstract provided.

Centralizing The Purse: Why A More Centralized National Government Was Crucial For Managing America's Revolutionary War Debt, Ethan Berg

Mahurin Honors College Capstone Experience/Thesis Projects

Research on the American Revolutionary debt has particularly focused on the leadership of American financial figures: most notably Superintendent of Finance Robert Morris and U.S. Treasury Secretary Alexander Hamilton. While scholars affirm their indispensable leadership, they also acknowledge institutional and political conditions that distinguish their tenures. This CE/T seeks to further analyze these conditions. It draws upon scholarly works while evaluating different aspects and time frames of Americas’ public debt, including the initial accumulation of debt, the tenure of Robert Morris, the formation of the U.S. Constitution, and the tenure of Alexander Hamilton. The CE/T also analyzes the papers of …

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 …

Divine Suppressors: Bigamy In The Eighteenth-Century Criminal Justice System, Luke Hs Horton

Armstrong Undergraduate Journal of History

The criminal justice system in eighteenth-century England was an integral part of European society. The legal system had always been associated with several facets of everyday life and touched upon the lives of those in every class of European society. One of England’s oldest and most significant courthouses was the Old Bailey, which held thousands of trials and sessions over the two hundred and forty years it was active. Out of the wide variety of cases to choose from, ten sexual offences revolving around bigamy were selected to present how the criminal justice system leaked into different areas of life. …

“The New American Woman”: The Legal And Political Career Of Clara Shortridge Foltz, Marissa Swope

Bound Away: The Liberty Journal of History

This article analyzes the life and career of Clara Shortridge Foltz, a California attorney and suffragist of the latter decades of the 19th Century and the early 20th Century who was an early developer of the concept of the public defender, leaving an important legacy in the advancement of women's rights.

De Libero Conscientia: Martin Luther’S Rediscovery Of Liberty Of Conscience And Its Synthesis Of The Ancients And The Influence Of The Moderns, Bessie S. Blackburn

Liberty University Journal of Statesmanship & Public Policy

One fateful day on March 26, 1521, a lowly Augustinian monk was cited to appear before the Diet of Worms.[1] His habit trailed behind him as he braced for the questioning. He was firm, yet troubled. He boldly proclaimed: “If I am not convinced by proofs from Scripture, or clear theological reasons, I remain convinced by the passages which I have quoted from Scripture, and my conscience is held captive by the Word of God. I cannot and will not retract, for it is neither prudent nor right to go against one’s conscience. So help me God, …

Burr: An American Conspiracy, Kathleen J. Brett

MAD-RUSH Undergraduate Research Conference

Former vice president and political figure Aaron Burr was one of the most ambitious and controversial Americans of the early 18^th century. After killing Alexander Hamilton in a duel, plotted against the United States in order to create his own country. This plot became known as the Burr Conspiracy. Within this conspiracy, Burr consulted not only the Spanish for support, but America’s rival, England. Burr’s detailed scheming against his own country served as enough to arrest him under the charge of “high treason.” The trial proved to be crucial in American history, as the definition of “high treason” was …

Surveying Seattle Legal History: An Examination Of Judge Thomas Burke, Ashley Morrison

UCARE: Research Products

In the United States judiciary system, judges are assumed to be unbiased in their legal decisions on cases. In many cases, unfortunately, this is rarely the reality. By examining Judge Thomas Burke specifically, a survey of Seattle's legal environment can be revealed. From Judge Burke's connections with the railroad industry and protection of Chinese laborers during anti-Chinese riots reveals his desire for economic gain. With Judge Burke only presiding over two habeas corpus cases, neither dealing with anti-Chinese riots or the legality of Chinese laborers, no concrete conclusion can be drawn in that regard. Even still, Judge Burke's continued support …

Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard

Senior Honors Theses

This thesis examines the relationship between Islam, democratic government, and the governmental leadership of women in the Middle East, North Africa, and Turkey (MENAT). In order to understand female leadership in this region, the compatibility between Islam and democracy is analyzed. This occurs through the examination of Sharia Law and democratic principles within Islam. Furthermore, a statistical analysis of the successes of democracies in the region will be presented. Each nation will be categorized by the constitutional provisions entrusted to its female citizens. Thus, this thesis will present the legality of the political participation of women in each of the …

Film Review: The Trial Of Ratko Mladić, Iva Vukušić

Genocide Studies and Prevention: An International Journal

No abstract provided.

Making Discrimination Legal: A Comparison Of The Penal Laws In Ireland And The Nuremberg Laws And Other Laws In Nazi Germany, Gage Overton

Honors College Theses

The Penal Laws and the Nuremberg Laws were sets of legal codes which stripped away basic rights and civil liberties from Irish Catholics in the seventeenth and eighteenth century and German Jews in the 1930s and 1940s respectively. My research into these laws has allowed me to discover that the methods used by the English Crown and the Nazi German state to separate the groups targeted by their laws, as well as the circumstances which led to their implementation, were eerily similar, nearly identical. Besides this, they ultimately used this strategy as a way to justify the elimination of the …