Legal Commons^™

Royalist Propaganda: Fabrication Of Magna Farta, Daniel R. Palthe

The Hilltop Review

This paper examines the perception and usage of Magna Carta in interregnum England. The central question is whether or not Oliver Cromwell ever referred to this royal document as the "Magna Farta." While one of the most common posthumous charges against him was a disdain for Magna Carta and English rights, accounts of his calling it a "Magna Farta" are questionable. The ways in which the Magna Carta was actually used under Cromwell rather seems to indicate a different opinion. Essentially, this paper compares royalist propaganda with the Commonwealth's accounts.

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 …

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy

Honors Program: Senior Projects (Public)

Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.

Associational Republicanism: Antifederalism In Context, 1790 - 1830, Ashley Jordan

Masters Theses

No abstract provided.

Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner

Genocide Studies and Prevention: An International Journal

Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview, and apply more …

The Origins And Uses Of The Three-Fifths Clause Related To Slavery And Taxation, William F. Hughes

Masters Theses

The Three-fifths clause of the 1787 U.S. Constitution is noted for having a role in perpetuating racial injustices of America’s early slave culture, solidifying the document as pro-slavery in design and practice. This thesis, however, examines the ubiquitous application of the three-fifths ratio as used in ancient societies, medieval governments, and colonial America. Being associated with proportions of scale, this understanding of the three-fifths formula is essential in supporting the intent of the Constitutional framers to create a proportional based system of government that encompassed citizenship, representation, and taxation as related to production theory. The empirical methodology used in this …

Merchant Seamen, Sailortowns, And The Shaping Of U.S. Citizenship, 1843-1945, Johnathan Thayer

Dissertations, Theses, and Capstone Projects

This dissertation argues that merchant seamen, because of their inherent transience, diversity, and the unique nature of their work, occupied a marginal position in U.S. society, and that that marginalization produced a series of confrontations with shoreside people, communities, institutions, and the state, most specifically over the nature and definition of citizenship. This argument is developed through examination of a series of encounters and negotiations that merchant seamen provoked from the piers, back alleys, and boardinghouses of the nation’s “sailortowns” from the 1830s through World War II, including: 1) nineteenth century maritime ministry projects in the Port of New York …

To Forgive Or Not To Forgive? A Reappraisal Of Vietnam War Evaders And Deserters In President Gerald Ford's Clemency Program, Courtney Carver

LSU New Orleans Theses and Dissertations

In 1974, President Ford began the arduous task of healing the wounds sustained by the United States during the Vietnam War. His controversial clemency plan gave those who had either deserted the military or those who evaded the draft the chance to earn their way back into American society. President Ford was willing to face this opposition to move the country closer to resolving an issue that was tearing the nation apart. In the applications to Ford’s Presidential Clemency Board, thousands of deserters and evaders reveal their motivations, and in doing so present a large body of evidence that contradicts …

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.

Not All Art Belongs In The Living Room: The Tale Of Robert Mapplethorpe, Shelby K. Miller

Student Scholar Showcase

Following the death of Robert Mapplethorpe in 1989, a group of scholars put together a retrospective exhibition of his life’s work with the help of a grant from the National Endowment for the Arts. The subject matter, namely those in Mapplethorpe’s X and Z portfolios that included male nudes and depictions of sadomasochism, caused major controversy across the country. The presentation will cover Helms Amendment of 1990 and the obscenity trial that took place in Cincinnati in 1990 with a specific focus on the lasting impacts that these events have had on the NEA and the art world.

The Solid South: The Suffrage Campaign Revisited, Abby Lorraine Crenshaw

Masters Theses & Specialist Projects

This examination of the southern suffrage campaign focuses the movement through the eyes of three prominent southern women within the political movement: Kate Gordon, Sue Shelton White, and Josephine Pearson. The merged National American Woman Suffrage Association (NAWSA) planned and organized a focus on the South during the second half of the suffrage campaign, which presented new challenges. The Nineteenth Amendment passed through Congress in 1918 and consequently set the stage for a raging political battle between suffragists and anti-suffragists. The suffrage campaign prompted women to question how the political platform of suffrage should be addressed. Women argued over the …

Black Courts, Ernesto A. Longa

Faculty Book Display Case

Book Abstract:

Pushing past the conventional understanding of federal and state courts and the judicial system, this volume examines eight little-known Florida courts. Part 1 details general jurisdiction courts from 1513 to 1865 while part 2 profiles modern-era special jurisdiction courts.

Beginning with the state's colonial history, Florida's Other Courts challenges narratives that paint Spain's administration of its New World holdings as corrupt, inefficient, and tyrannical, using research into archival records scattered across Spain, Cuba, and other New World sites. Contributors to the volume also demonstrate how British authorities later molded the courts after their own justice system, introducing grand …

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011), copies …

Quotidian Intimidation And Mussolini's Special Tribunal In Istria And The Eastern Borderlands, Maura Hametz

History Faculty Publications

The article examines the Special Tribunal for the Defense of the State's use of the "no grounds to proceed" ruling to intimidate anti-fascists and extend the fascist government's power in the Adriatic borderlands. It demonstrates how the Tribunal's judges used their sentencing prerogatives to support repression in Istria and cloak persecution in the mantel of legal action in defense of the state.

The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno

Dissertations, Theses, and Capstone Projects

Shorter working hours drew much attention as a means of fighting unemployment and crisis in capitalism during the first half of the twentieth century. Nowadays, shorter work-time is rarely considered a policy option to fix economic or social issues in the United States and Japan. This dissertation presents a history of work-time regulation in the United States and Japan to examine how and why its developments and stalemate took place.

In the big picture, developments of work-time regulation during the first half of the twentieth century were a part of concessional modifications of class relations, a common phenomenon in many …

Bloody Bay: Grassroots Policeways, Community Control, And Power In San Francisco And Its Hinterlands, 1846-1915, Darren A. Raspa

History ETDs

“Bloody Bay: Grassroots Policeways, Community Control, and Power in San Francisco and its Hinterlands, 1846–1915” follows the history of San Francisco’s spectrum of formal and informal policing from the American takeover of California in 1846 during the U.S.–Mexico War to Police Commissioner Jesse B. Cook’s nationwide law enforcement advisory team tour in 1912 and San Francisco’s debut as the Jewel of a new American Pacific world during the Panama Pacific International Exposition in 1915. These six decades functioned as a unique period wherein a culture of popular justice and grassroots community peacekeeping were fostered. This policing environment was forged in …

"The Engine Of Free Expression": The Political Economy Of Copyright In The Colonial British Atlantic And Early National United States, Nora Slonimsky

Dissertations, Theses, and Capstone Projects

In 1985, the Supreme Court of the United States concluded that copyright was included in the Constitution in order to serve as the “engine of free expression.” By providing economic incentive to drive artistic and scientific innovation, the nation received essential information and other tools of learning necessary to make sound political decisions. However, transnational copyright disputes, then and now, frequently resulted in complex and often contradictory understandings of free expression. The formation of copyright in America was thus a far more complex story, and it is that story that forms the basis of this project.

Amidst the many moving …

Commentary: Will The Courts Make Trump's Presidency Less Imperial?, Allen C. Guelzo, James H. Hulme

Civil War Era Studies Faculty Publications

Nearly three months ago, Donald Trump assumed a presidency that, for more than a century, had grown seemingly endless discretionary powers. And he did so in company with Republican majorities in Congress and in 32 state legislatures -- all of which should have made his decisions unassailable.

Instead, he has been stymied and embarrassed by resistance from a federal judiciary that has twice halted executive orders on the most prominent issue of his presidential campaign. So, will the federal judiciary become the wall against which Trump bleeds away the power not just of his own presidency but of the “imperial …

Commentary: California Secessionists Channel Logic Of Southern Slaveholders, Allen C. Guelzo, James H. Hulme

Civil War Era Studies Faculty Publications

'Thursday night the streets were filled with excited crowds. No one talks of anything but the necessity for prompt action. . . . It is hardly prudent for any man to express his opinion adverse to immediate secession, so heated are the public passions, so intolerant of restraint is the popular will."

You would probably assume that this report came from California in the wake of the 2016 election, right? After all, Alex Padilla, the California secretary of state, has now authorized the Yes California Independence Campaign to begin collecting signatures for a state referendum on California's secession from the …

The Jacksonian Conservatism Of Rufus P. Ranney The Politics And Jurisprudence Of A Northern Democrat From The Age Of Jackson To The Gilded Age, David M. Gold

Ohio University Press Open Access Books

Ohio’s Rufus P. Ranney embodied many of the most intriguing social and political tensions of his time. He was an anticorporate campaigner who became John D. Rockefeller’s favorite lawyer. A student and law partner of abolitionist Benjamin F. Wade, Ranney acquired an antislavery reputation and recruited troops for the Union army; but as a Democratic candidate for governor he denied the power of Congress to restrict slavery in the territories, and during the Civil War and Reconstruction he condemned Republican policies.

Ranney was a key delegate at Ohio’s second constitutional convention and a two-time justice of the Ohio Supreme Court. …

Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams

Honors Program: Student Scholarship & Creative Works

My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure” …

How The Willowbrook Consent Decree Has Influenced Contemporary Advocacy Of Individuals With Disabilities, Kristen S. Addessi

Student Theses

The existence of the Willowbrook State School was a culmination, of over a one-hundred-year history of Western society’s attempts to provide adequate care, and treatment for individuals with disabilities. The residents housed there, suffered violations of their human and civil rights in various forms of severe abuse, neglect, and violence. Following a three-year legal battle in 1975, as a result of the travesties that occurred, the legal doctrine known as the Willowbrook Consent Decree was written. The Consent Decree was implemented to ensure that the residents’ human and civil rights are met and protected. The Willowbrook State School and the …

From Love Canal To The Flint Water Crisis: Government, Public Opinion, And Environmental Crises, Sarah Hughey

Honors Theses

After the rise of the modern-day environmental movement, environmentalism in the United States focused more and more on issues and crises related to the areas in which people lived and to the aspects that impacted public health. In particular, the crisis at Love Canal in Niagara Falls, New York during the late 1970s and early 1980s provided a starting point to the awareness and activism of modern environmental history. Recently, an environmental crisis related to drinking water occurred in Flint, Michigan in the mid-2010s that showcases how various aspects of the environmental movement have developed over time since the Love …

French Women In Art: Reclaiming The Body Through Creation/Les Femmes Artistes Françaises : La Réclamation Du Corps À Travers La Création, Liatris Hethcoat

Student Scholar Symposium Abstracts and Posters

The research I have conducted for my French Major Senior Thesis is a culmination of my passion for and studies of both French language and culture and the history and practice of Visual Arts. I have examined, across the history of art, the representation of women, and concluded that until the 20^th century, these representations have been tools employed by the makers of history and those at the top of the patriarchal system, used to control women’s images and thus women themselves. I survey these representations, which are largely created by men—until the 20^th century. I discuss pre-historical …

Welcome To Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

An Alliance Of Ladies: Power, Public Affairs, And Class Construction In Early National New York City, Alisa J. Wade

Dissertations, Theses, and Capstone Projects

The dissertation studies elite women’s political consciousness in New York City between 1783 and 1815, contextualizing women’s position within the city’s social strata and the rise of market capitalism in the post-Revolutionary era. In a period of deferential politics, women within the leadership class played a unique role in remodeling the structure of republican government and determining who belonged within it. Building on the foundation of learned femininity, they constructed the etiquette that undergirded men’s political careers and oversaw the marriage market. They mediated divisions between new merchant capital and more established landed wealth, reinforcing dynastic stability. Moreover, they were …

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …

The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham

Notre Dame Law Review

The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on the …