Legal Commons^™

This Species Of Property: Slavery And The Properties Of Subjecthood In Anglo-American Law And Politics, 1619-1783, John N. Blanton

Dissertations, Theses, and Capstone Projects

This Species of Property examines the development of the law and practice of slavery in the 17^th and 18^th century Anglo-American empire through analysis of common law court decisions in England, Massachusetts, and Virginia. The dissertation argues that there was a long and vibrant debate over the legitimacy of the chattel principle – the definition of enslaved persons as a type of property – and that enslaved people and their allies pushed for the recognition of the legal humanity or subjecthood of the enslaved in colonial and metropolitan courts. This antislavery legal tradition culminated in the famous Somerset …

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …

The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez

Honors Undergraduate Theses

Although the U.S. Constitution espouses equality, it clearly is not practiced in all aspects of life with education being a significant outlier. In the Declaration of Independence, Thomas Jefferson wrote about inalienable rights to life, liberty, and the pursuit of happiness. These two theories are related to education through educational adequacy and equality. Sufficientarianism, or educational adequacy, says that what is important is that everyone has “good enough” educational opportunities, but not the same ones. Egalitarianism, or educational equality, says that there is an intrinsic value in having the same educational opportunities and only having good enough opportunities misses something …

Cotton, Clemency, And Control: United States V. Klein And The Juridical Legacy Of Executive Pardon, Heather L. Clancy

The Gettysburg College Journal of the Civil War Era

When the guns of war fell silent in 1865, Americans throughout the reunited states grappled with the logistics of peace. At virtually every turn lay nebulous but critical questions of race, class, allegiance, and identity. More pragmatic legal stumbling blocks could also be found strewn across the path to Reconstruction; some of them would ensnare the healing nation for decades to come. Among their number was notorious Supreme Court decision United States v. Klein (1872). Born on July 22, 1865 out of a small debate over the wartime seizure of Vicksburg cotton stores, Klein quickly evolved into a legal …

Repeating History: The Ineffectiveness Of The 1973 War Powers Resolution, Kaitlyn N. Schiess

Senior Honors Theses

Reluctant students often criticize the study of history as irrelevant to the present day.

In the case of one important and controversial piece of legislation, nothing could be farther from the truth. The 1973 War Powers Resolution (WPR), which places limits on presidential power to deploy troops in combat situations, has ample application to the political functioning of the United States today. Thus, investigating and studying the resolution remains relevant and important today. The WPR became law in 1973, overcoming a predictable veto by President Nixon. The legislation has consistently been a flashpoint for political controversy – eliciting criticism by …

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 York Oneida: Land Claims, Federal Policies, State Intervention, And Casino Development, Lee M. Hanover

Calvert Undergraduate Research Awards

This paper examined the relationship between Oneida land sovereignty and their self-determination in establishing the Turning Stone Casino. The paper reviewed general trends in Oneida history with the state of New York, focusing on federal policies aimed at American Indian communities, and the legal cases that the Oneida have brought against New York and the federal government. The study extrapolated that historic cases involving political, legal, and land sovereignty issues prepared them for the fight over their casino’s admittance on Oneida land. The paper then addressed the reoccurring battles with the state of New York over the legality and jurisdiction …

Petition Of Prisoners In Worcester Jail To Extend The Prison Yard, September 8, 1784., Elijah Isaacson, George Shayer, Jacob Ellison, Henry Chase, Jonathan Willington, Daniel Novell, Asa Danforth, Matthew Knight

Broadus R. Littlejohn, Jr. Manuscript and Ephemera Collection

The prisoners ask that the prison yard at Worcester jail be extended to accomodate the increasing number of prisoners.

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.

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 …

American Indian Activism And The Rise Of Red Power, Rachael Guadagni

Graduate History Conference, UMass Boston

Recent historical scholarship has determined that the socio-political environment of post-World War II America provided the necessary catalyst for Native American activism which when combined with the socio-political atmosphere of the civil rights era lead to the development of the Red Power Movement. In the thirty or so years immediately following World War II America witnessed profound social and political change. Initial fear of communism lead to strict, pro-capitalist Indian legislation resulting in the termination of hundreds of tribes and the relocation of countless Indian people. From this same environment rose strong leaders, including many veterans, influenced by Cold War …

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 …

"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.

'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.

Education And Legislation: Affluent Women's Political Engagement In The Consumers' Leagues Of The Progressive Era, Scott R. St. Louis

Grand Valley Journal of History

This paper examines the extent to which the National Consumers’ League and similar localized leagues provided middle- and upper-class women with new opportunities for involvement in American politics during the early Progressive Era, or roughly the last decade of the nineteenth century and the first decade of the twentieth. These organizations undertook various efforts – including “list” and “label” campaigns – to educate the consuming public about the poor working conditions suffered by retail employees and especially factory workers in the garment industry, with a focus on employed women and child laborers. Later on, the leagues provided their female members …

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Akron Law Faculty Publications

People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …

The Political And Legal Uses Of Scripture, James W. Watts

Religion - All Scholarship

No abstract provided.

Morton, Oliver Hazard Perry Throck, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Biographical portrait and analysis of Indiana Civil War Governor Oliver Morton.

Finding Historic Indiana Documents In An Online Environment: Civil War Era And Later 19th Century, Bert Chapman

Libraries Research Publications

This presentation provides information on digitally accessing historic Indiana State and U.S. Government documents from the latter half of the 19th century. Examples of these resources include the periodical Indiana Farmer, Indiana Civil War Governor Oliver Morton's telegraph books, the Official Records of the War of the Rebellion, Indiana Adjutant General Reports, and the Brevier Indiana Law Reports covering Indiana General Assembly proceedings. These collections have been digitized by various Indiana libraries including Purdue University, IUPUI, and Indiana University. Accessing these primary source materials will enable users to gain augmented understanding ot the economic, military, and political issues facing Indiana …

Hechiceras E Inquisidores: The Relative Lack Of Severity Of Witchcraft Prosecution Among Spanish Imperial Territories, Jeffrey Michael Mastrianni

Honors Scholar Theses

This paper examines the social, cultural, political, and judiciary motivations behind the prosecution of witchcraft in the Spanish Empire between the years of 1492 and 1643. Included as background material are introductions to witchcraft, the history of the Empire, and the behaviors of the Spanish Inquisition. The paper attempts to illustrate the fact that witchcraft prosecution was neither severe nor overly violent in the Empire, and that each of the four major regions of the Empire (Spain proper, the Netherlands, Italy, and the Viceroyalty of Mexico) witnessed a steady and early decline of witchcraft prosecutions, albeit for different reasons. It …

Regulating Communal Space: Mikvaot In Seventeenth-Century Altona, Debra Kaplan

Early Modern Workshop: Resources in Jewish History

Over the course of a few years in the latter half of the seventeenth century, the community of Altona made several changes in the administration of local ritual baths. A series of entries in the communal pinkas, or logbook, elucidates how the community raised funds from mikvaot, how lay and rabbinic leaders worked together, and how communal leaders regulated ritual space both in homes and in communal space.

This presentation is for the following text(s):

• Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [50])
• Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [90])
• Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [91])

Governing Gambling In The United States, Maria E. Garcia

CMC Senior Theses

The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering.

In an effort to …

The Railroads Must Have Ties: A Legal History Of Forest Conservation And The Oregon And California Railroad Land Grant, 1887–1916, Sean M. Kammer

Department of History: Dissertations, Theses, and Student Research

Historians have! for the most part! left unchallenged a similar negative view of Edward H. Harriman, who headed both the Union Pacific and the Southern Pacific and was perhaps the most powerful of the railroad tycoons during the first decade of the twentieth century.4 Prior to Harriman's takeover of the Southern Pacific in 1901, that railroad's long-standing policy had been to subdivide and sell lands to farmers, miners, and loggers, the purpose being lito encourage long-term settlement, economic growth, and rail traffic," but Harriman questioned and ultimately rejected this policy.s In January 1903, he ordered the termination of sales of …

Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz

Library Faculty Research

For a Camelot-era piece of legislation, the Wire Act has a long and unintended shadow. Used haltingly in the 1960s, when the Wire Act failed to deliver the death blow to organized crime, 1970’s Racketeer-Influenced and Corrupt Organizations Act (RICO) became a far better weapon against the mob. Yet starting in the 1990s, the Wire Act enjoyed a second life, when the Justice Department used to it prosecute operators of online betting Web sites that, headquartered in jurisdictions where such businesses were legal, took bets from American citizens. The legislative history of the Wire Act, however, suggests that it was …

The Jews And Ius Commune, Kenneth Stow

Early Modern Workshop: Resources in Jewish History

From the sixteenth through eighteenth centuries, there was a gradually increasing integration of Jews into systems of ius commune, loosely, the law of the land, but actually a legal tradition based on Roman law, which subsumed local law, usually called ius proprium. The integration might be purely theoretical or in fact, as certainly occurred in the papal state and it seems elsewhere in Italy, too. This legal integration prepared the way for the major legal upheaval worked by the French Revolution. The implications are many. The details mostly unresearched. The Tractatus de Iudaeis of Giuseppe Sessa (Turin, 1713) is the …

When The Indelible Sacrament Of Baptism Met Mercantile Raison D'Etat, Benjamin Ravid

Early Modern Workshop: Resources in Jewish History

In theory, under almost all circumstances, once a Jew had been baptized, s/he became a Christian and any relapse constituted heresy and was liable to severe punishment, often by death. However, in the mid-sixteenth century the Papacy adopted a far more lenient policy out of considerations of commercial raison d' état and invited New Christian merchants to assume Judaism in Ancona with assurance of complete freedom from any persecution. At the same time, Venice expelled all Marranos from the city and forbade them to return. The papal attitude changed with the Counter-Reformation and former New Christians who had reverted to …

Jews At The Court Of The Kadi, Yaron Ben-Naeh

Early Modern Workshop: Resources in Jewish History

One of the most astonishing phenomena of Jewish life in the Ottoman state is the widespread appeal to the kadi's court - a muslim court. I intend to describe the frequency of this norm, against explicit regulations, and explain the motivation to use the kadi's services, as well as the reasons for the ban against it. I shall conclude with the social and cultural significance of this practice.

This presentation is for the following text(s):

• Mordechai Halevi, Darkei Noam (Pleasant Ways) (Venice, 1697)
• The court records of istanbul/ Istanbul sher'iyye sijilleri (1662)

Under Imperial Protection? Jewish Presence On The Imperial Aulic Court In The 16th And 17th Centuries, Barbara Staudinger

Early Modern Workshop: Resources in Jewish History

From the middle ages on Jewish life in the holy roman empire was characterized by their egal status as servants of the imperial chamber (servi camerae, Kammerknechte). Paying taxes to the imperial chamber, the Jews stood under special protection of the Emperor. The so-called Speyrer Jew Privilege (1544) stated the legal framework of the Jewish community of the Empire, prohibiting expulsion, and „unjustified“ acusations of ritual murder and securing undisturbed religious practice, and imperial conduct and protection. But what was this privilege along with other privileges from indiviuals worth in reality? Based on two cases from the Imperial Aulic Court …

Understanding Emancipation: Lincoln's Proclamation And The Overthrow Of Slavery, Allen C. Guelzo

Civil War Era Studies Faculty Publications

The most common trope that governs understanding of Abraham Lincoln and emancipation is that of progress. The variations on that trope are legion, and they include notions of Lincoln's journey toward emancipation, his growth in understanding the justice of emancipation, and his path to the Emancipation Proclamation. "Lincoln was," as Horace Greeley put it, "a growing man"; growing from a stance of moral indifference and ignorance at the time of his election in 1860 toward deep conviction about African American freedom by the time of the Emancipation Proclamation less than two years later. That was a generous sentiment, since it …