Open Access. Powered by Scholars. Published by Universities.®

Legal Commons

Open Access. Powered by Scholars. Published by Universities.®

Race, Ethnicity and Post-Colonial Studies

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 30 of 55

Full-Text Articles in Legal

Res Historica, Volume 5, Alpha Rho Epsilon Phi Alpha Theta, Lindsay Rae Smith Privette Phd Apr 2026

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.


Philosophically Aligned, Operationally Fractured: Duty-Of-Care In Nagpra Practice, Meghan Ensign Jan 2026

Philosophically Aligned, Operationally Fractured: Duty-Of-Care In Nagpra Practice, Meghan Ensign

All Master's Theses

This research aims to explore the implementation of the Duty of Care [43 CFR Part 10.1(d)] within the 2024 revision of the Native American Graves Protection and Repatriation Act (NAGPRA) rules and regulations. While NAGPRA was designed to facilitate repatriation, ambiguities and institutional resistance have hindered compliance, necessitating regulatory updates. The 2024 revision added duty-of-care language intended to improve repatriation outcomes and reinforce Tribal sovereignty. Duty of care requires institutions to consult and collaborate with Tribes on curation policies and practices, and to obtain informed consent before allowing research on, exhibiting, or providing access to cultural items or human remains. …


Beyond Judicial Intent: The Agency Of The Defense Counsel In Ozawa’S And Thind’S Supreme Court Cases, Bret K. Luchs Jan 2026

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 …


Diplomacy Derailed: Discrimination’S Detour On Route 40, Gage A. Kivlen Dec 2025

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 Nov 2025

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 …


The Crucial Role Of Grassroots Social Organizations In Advancing Immigrant Legal Protections And Reshaping Immigration Policy, Isabella Reynolds Aug 2025

The Crucial Role Of Grassroots Social Organizations In Advancing Immigrant Legal Protections And Reshaping Immigration Policy, Isabella Reynolds

McNair Summer Research Program

This research project examines how grassroots social organizations contribute to the advancement of immigrant legal protections and shape immigration policy, with a particular focus on formerly incarcerated migrants in California. I focus on case studies and the personal experiences of organizers from Homies Unidos, Border Angels, and other organizations that operate near the San Diego–Tijuana border region. The study illustrates how these groups provide essential services, mental health support, and community-based initiatives for vulnerable and formerly incarcerated immigrants. By conducting oral histories and ethnography as methods for preserving emotional labor and shared memory, this research challenges prevailing narratives that criminalize …


Left Or Right, Loyal Or Disloyal: Ideology, Partisanship, And Empire In The Construction Of Interwar Japanese American Politics, Vivian Yan-Gonzalez Aug 2025

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 …


Displacement And Dreams: The Loss Of Home In A New South Town, Dora Helen Impson May 2025

Displacement And Dreams: The Loss Of Home In A New South Town, Dora Helen Impson

All Theses

Despite much research regarding the experience of white city dwellers of Greenville, South Carolina, in the twentieth century, telling the stories of the city’s Black neighborhoods still remains to be done. This thesis chronicles the Black neighborhood of Little Texas, which was found northeast of the city’s central business district from its inception in the 1870s to its demise in the 1970s. By situating the city’s efforts to restrict and limit Black spaces within the historical framework of nationwide efforts of residential segregation ordinances, racially restrictive covenants, and city planning, this thesis argues that Greenville followed many other cities in …


The Overlooked Civil Rights Movement In South Carolina, Brooks R. Hammett Apr 2025

The Overlooked Civil Rights Movement In South Carolina, Brooks R. Hammett

GLI MA in American History Student Works

This paper examines the overlooked but critical role of South Carolina in the Civil Rights Movement, highlighting the contributions of student-led activism, landmark legal cases, and influential grassroots leaders. Focusing on Historically Black Colleges and Universities (HBCUs) like Claflin University, Allen University, Benedict College, South Carolina State University, and the Avery Institute, the study explores how students catalyzed local movements through sit-ins, marches, and organized protests. It also investigates the legal and social ramifications of desegregation efforts following Brown v. Board of Education, including the resistance from public institutions and the emergence of segregation academies. Key civil rights events—such as …


Iii.A.2 Displacement & Barriers To Home Ownership, Kim Rostan, Bria Harper, Jim Neighbors, Mark Byrnes Jan 2025

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.


Seeking Safety And Losing The Self: Affirmative Action Bans And The Whitening Of Mexican American Identity, Bella Bennett Jan 2025

Seeking Safety And Losing The Self: Affirmative Action Bans And The Whitening Of Mexican American Identity, Bella Bennett

Indiana Journal of Law and Social Equality

No abstract provided.


Feminine Felons: Violent Offenders' Intersectional Experiences In Twentieth-Century Montana, Cassidy Ann Vander Voort Jan 2025

Feminine Felons: Violent Offenders' Intersectional Experiences In Twentieth-Century Montana, Cassidy Ann Vander Voort

Graduate Student Theses, Dissertations, & Professional Papers

This paper explores the treatment of violent female offenders in Montana in both the media and prison system from 1900-1960. Women of all races faced gender discrimination from both the carceral system and popular media. Local newspapers sensationalized crimes committed by female offenders, portraying them as women who lived outside of the expectations of womanhood in the twentieth century. Newspapers and courts placed women into two categories: “mad/sad” female offenders, who received forgiveness for their crimes; or unforgivable, “bad” offenders. Crime did not determine these categorizations; instead, gender expectations of the white middle class shaped female criminals’ treatment. If these …


Gladys Mitchell House Collection, Dan Bonenberger, Jaclyn Panter, Katherine St. Amand, Ian Tomashik, Kate Zorn Sep 2024

Gladys Mitchell House Collection, Dan Bonenberger, Jaclyn Panter, Katherine St. Amand, Ian Tomashik, Kate Zorn

Digital Heritage Preservation Collection

This collection explores the life of Gladys Mitchell and the home she shared with her family on Detroit's Eastside. Gladys and her husband, Ossian Sweet, lived with her parents Benjamin and Rosella in a residence on 9322-24 Cairney Street from 1922 to 1925 before moving to the now-historic bungalow at 2905 Garland Street, located about a mile southeast. In 1925, when the Sweets moved into an all-white neighborhood, their experience led to a landmark Supreme Court case that affirmed African Americans' rights to homeownership, including the right to defend their private property.

Benjamin Mitchell and his wife, Rosella, rented the …


Using The Colonizers’ Own Weapons: The Politics Of Equality, Freedom, & Integration In Advocacy Against American Indian Termination, Eliza Kravitz Jul 2024

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 Jun 2024

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. …


An Excavation Of Margaret And Jerry Morgan: How The Architecture Of Black Liminal Spaces Shaped Antebellum Conflict Between Maryland And Pennsylvania, Felicia A. Appenteng Jan 2024

An Excavation Of Margaret And Jerry Morgan: How The Architecture Of Black Liminal Spaces Shaped Antebellum Conflict Between Maryland And Pennsylvania, Felicia A. Appenteng

Dissertations and Theses

In the 1830s, Jerry and Margaret Morgan and their six children were living as a free Black family in rural Pennsylvania, one of a growing number of such families in a part of the state that bordered Maryland. Suddenly, their lives were violently disrupted in 1837 when a group of men from Maryland, led by Edward Prigg, entered into Pennsylvania to seize Margaret and the children so that they could be enslaved. Although the most dramatic, this was only the latest twist in the unusual lives of the Morgan family. Jerry Morgan was born into enslavement, gained his freedom, and …


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 Jan 2024

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 …


"Prophecies Of Loss": Debating Slave Flight During Virginia's Secession Crisis, Evan Turiano Sep 2022

"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 …


The Question Of The Purpose Of Anti-Miscegenation Laws, Tyler Dean May 2022

The Question Of The Purpose Of Anti-Miscegenation Laws, Tyler Dean

Merge

Using The Hairstons: An American Family in Black and White, along with additional scholarly research and legal documentation for context, explores the ramifications and reasonings behind the creation and enforcement of anti-miscegenation laws. The primary individuals focused on suggest that anti-miscegenation laws were enacted for reasons outside of marriage's status as a union between two individuals. Social status, property inheritance, and even voting rights were denied to African Americans via the vehicle of anti-miscegenation laws. Just as other antebellum laws served to advance the agendas of the time, anti-miscegenation laws were no different. And the specific stories elaborated on …


Life Beyond Bars: Nine Prisoners And Their Families, And Faith-Based Efforts To Recognize And Avoid-Cross-Generational Criminal Habits., Alfreda Reese Apr 2022

Life Beyond Bars: Nine Prisoners And Their Families, And Faith-Based Efforts To Recognize And Avoid-Cross-Generational Criminal Habits., Alfreda Reese

Doctor of Ministry Projects and Theses

The aim of this study is to examine prisoners’ firsthand experiences and their underlying family issues to bring awareness and delete current cross-generational criminal habits. Through analyzing a series of individual experiences and exploring underlying family issues, the study intends to bring awareness and exposure to the implications of the criminal justice system on prisoners and their families. This study will analyze personal stories of prisoners and their families to identify, interact, and intervene in best practices to avoid criminal habits. The research gathered aims to empower prisoners and their families in suggested ways to delete repeated criminal patterns and …


Original Intent: Brown Vs. Board Of Education, White Backlash, & The Enduring Power Of De Facto Segregation, Aaron Brand Jan 2022

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.


Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell Jan 2022

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 May 2021

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 …


The Tangled Roots Of The Holocaust: An Analysis Of The Evolution Of Colonial Discourse Through The Prohibition Of Sexual Relations And Marriages Between Races, Bianka Adamatti May 2021

The Tangled Roots Of The Holocaust: An Analysis Of The Evolution Of Colonial Discourse Through The Prohibition Of Sexual Relations And Marriages Between Races, Bianka Adamatti

Electronic Theses and Dissertations

The Nazi violence did not have its origins only in the brutality of the First World War or radical nationalist ideologies, but also in European colonialism. Hence, the goal of this thesis is to demonstrate that colonial processes were fundamental to the origins of the Holocaust. To prove this, I applied the content analysis to detect colonial discourse (stereotype, ambivalence, and mimicry) in three legislations from different contexts, which prohibited sexual relations and marriages between races. The documents analyzed exemplified the segregationist thinking of each period of colonization. Portuguese laws from the beginning of modernity demonstrate the transition from religious …


“Let Him Be Tried Before An English Jury; Let Him Be Tried Properly”: Race, Blackness, And English Justice In Mid- To Late-Victorian England, Hugo F. Stack Mar 2021

“Let Him Be Tried Before An English Jury; Let Him Be Tried Properly”: Race, Blackness, And English Justice In Mid- To Late-Victorian England, Hugo F. Stack

Student Scholarship

No abstract provided.


Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki Feb 2021

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 Munemitsu Legacy: The Japanese American Family Behind Mendez V. Westminster: California’S First Successful Desegregation Case, Annie Tang Dec 2020

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 …


Defining Genocide In Northwestern California: The Devastation Of Humboldt And Del Norte County’S Indigenous Peoples, Gavin W. Rowley Oct 2020

Defining Genocide In Northwestern California: The Devastation Of Humboldt And Del Norte County’S Indigenous Peoples, Gavin W. Rowley

Humboldt Journal of Social Relations

In recent years, historians and the American public have increasingly debated whether or not the crimes that have been committed against Native Americans in the United States constitute genocide. Although the Humboldt and Del Norte region was conquered by Euro-Americans later than the rest of the US, genocidal crimes were prevalent within the counties of Humboldt and Del Norte in Northwestern California. The genocide committed against the Indigenous Peoples there were carried out by vigilante groups with the support of the California state government as well as the US federal government. I argue not only that genocide, as defined by …


Against The Eyes Of God And Man: The Suicide And Alcohol Intoxication Deaths Of Enslaved People In Alexandria And Henrico County, Virginia, 1805-1829, Peighton L. Young Jan 2020

Against The Eyes Of God And Man: The Suicide And Alcohol Intoxication Deaths Of Enslaved People In Alexandria And Henrico County, Virginia, 1805-1829, Peighton L. Young

Theses and Dissertations

The purpose of this thesis is to provide a compressive examination of suicide and self-destructive behaviors within specific enslaved populations in early republic Virginia localities. I use coroners’ inquests as the primary means for identifying notable causes of death and potential behavioral patterns amongst the enslaved people presented in this study. I focused my investigation on two causes of death, demographics, and localities respectively: the drowning suicides committed by enslaved women along the Potomac River waterfront in Alexandria between 1807 and 1824 and the alcohol intoxication-related deaths of enslaved men in Henrico County between 1805 and 1829. Stepping away from …


Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson Feb 2019

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.