Legal Commons^™

A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer

Faculty Articles

The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

'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.

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 …

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.

Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance

Annual Interdisciplinary Conference on Human Trafficking: 4th (2012)

This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.

We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation of …

Review Of The Website The Nuremberg Trials Project, John A. Drobnicki

Publications and Research

Review of the website The Nuremberg trials project.

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 …

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Cornell Law Faculty Publications

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Faculty Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

Factors Analysis And Operation Improving Measures For Thai Flag Vessels, Philumpha Jirasatit

World Maritime University Dissertations

No abstract provided.

Libel In Mississippi, 1798-1832, Muriel Ann Everton

Dissertations

The Mississippi Territory officially became part of the United States in 1798. The territory was to be governed under the rules of the Northwest Ordinance, but those who went to govern the area found a culture that required the use of common law to settle the disputes arising from prior governments under other nations. With no precedents on which to rely, disputes led, at first, to dueling and then to libel cases. Both common law and common sense prevailed while many of the disagreements were aired publicly in newspapers. Mississippi’s first printer, Andrew Marschalk, using his First Amendment rights, wrote …

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 …

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 Social Construction Of Authorship: An Investigation Of Subjectivity And Rhetorical Authority In The College Writing Classroom, Johannah Rodgers

Dissertations, Theses, and Capstone Projects

Although we use the term author on a daily basis to refer to certain individuals, bodies of work, and systems of ideas, as Michel Foucault and other critics have pointed out, attempting to answer the question “What is an Author?” is by no means a simple proposition. And, starting from the position that there is no single, or definitive answer to this complex question, this dissertation seeks to contribute to the ongoing discussion of the genealogy of authorship by investigating the ways in which conceptions of the author have informed models of the writing subject in the field of rhetoric …

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 …

A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham

Journal of Legal Education

No abstract provided.

Memorandum From University Of Illinois College Of Law Professor Ronald D. Rotunda Memorandum To The Honorable Kenneth W. Starr Regarding Whether A Sitting President Is Subject To Indictment [Portions Redacted], Ronald D. Rotunda

United States Department of Justice: Publications

Re: Indictability of the President, with particular respect to whether President Bill Clinton could be charged with indictable offenses while in federal office.

Excerpt from the New York Times article: “It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.”

0627: Robert O. Ellis Papers, 1968-1977, Marshall University Special Collections

Guides to Manuscript Collections

Huntington, West Virginia, attorney; magician. Papers relate to the construction of his home on Castle Hill, rental properties, Republican Party politics and his magic act.

0528: Rick Whisman Collection, 1862-1935, Marshall University Special Collections

Guides to Manuscript Collections

Huntington, West Virginia, resident. Collection includes a Civil War letter by Charles Sayre; legal papers from the law offices of Brown & Brown in Boyd County, KY, and oversized photographs depicting the Daughters of the American Revolution and the United Daughters of 1812 Society grapples in Washington, D.C. as well as printed material.

The Role Of The Court Of Justice In European Integration, Frances M. Jacobson

History Theses & Dissertations

This study examines the role of the Court of Justice in the major issues of European integration: dismantling technical barriers to the free flow of goods, protecting human rights within the European Community, and facilitating the free movement of capital, people and services. Success or failure of the Court is measured by whether the member states have implemented its rulings and whether the rulings have aided or hindered the development of a European internal market.

Specific actions of the Court of Justice are analyzed and placed within the context of European integration. The study begins with the European Coal and …

The Trials Of Len Small, William R. Harshbarger

Masters Theses

Len Small, governor of Illinois from 1921 to 1929, was a politician associated with the Lorimer-Lundin-Thompson political machine which influenced Illinois politics from 1897 until the late 1920s. During that era, Small held offices in the county and in the state Senate. He served one appointed term as United States subtreasurer, two terms as state treasurer, and two terms as governor. Small ran six times for governor: 1912, 1920, 1924, 1928, 1932, and 1936. He came to the governorship in 1920 following a bitter feud between his patron, William Hale "Big Bill" Thompson and Frank O. Lowden. As a result, …

0123: William B. Blanchard Jr. Typescript, 1976, Marshall University Special Collections

Guides to Manuscript Collections

`West Virginia abortion law: is it in jeopardy?’ research paper written for political science class at Marshall University.

A Comparative Study Of The Book Of Mormon Secret Combinations And The American Mafia Organization, Ray G. Morley

Theses and Dissertations

The Book of Mormon and the Book of Moses, sacred scripture of The Church of Jesus Christ of Latter-day Saints have woven into their pages a brief history of secret combinations on the "American" continent. Secret combinations have caused the destruction of three previous civilizations that have existed on this continent.

The prophet Moroni warned the Latter-day American inhabitants that "This secret combination... shall be among you..." (Ether 8:24).

The evidence summarized in this study leads one to the conclusion that the American Mafia Organization (Cosa Nostra) is the same organization warned against in sacred scripture.

Britain And The Free Trade Area Negotiations Of 1956-1958, George Y. Ballentine

History Theses & Dissertations

Abstract unavailable.

George W. Norris's Persuasion In The Campaign For The Unicameral Legislature, Phillip K. Tompkins

College of Education and Human Sciences: Dissertations, Theses, and Student Research

The people of forty-seven states in this country are governed by bicameral or two-house legislatures. The people of the forty-eighth, Nebraskans, are governed by a unicameral or one-house legislature.

On November 6, 1934, the people of Nebraska provided by amendment to their state constitution, a one-house legislature to be composed of between thirty and fifty members to be elected on a non-partisan ballot. The number of solons was later set at forty-three, and 1957 marked the twentieth anniversary of the first unicameral session in Nebraska.

Senator George W. Norris is generally regarded by all as the father of the unicameral …

Agreement At Fort Berthold, 1866 And Addenda., Charles J. Kappler, Newton Edmunds, Samuel R. Curtis, Orrin Guernsey, Henry W. Reed

US Government Documents Related to Indigenous Nations

This 1904 reprint of the unratified treaty with the Arikara, Mandan, and Hidatsa, was reprinted as the Agreement at Fort Berthold, 1866, in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally signed on July 27, 1866, at Fort Berthold, Dakota Territory, this treaty and its Addenda were a set of agreements between the US government and representatives of the Arikara, Mandan, and Hidatsa Nations. In this document, the Arikara, Mandan, and Hidatsa agreed to cede a portion of their land on the east bank of the Missouri River and granted a right-of-way for roads through their …

Treaty Of Fort Laramie, 1868 (Kappler), Charles J. Kappler, Nathaniel G. Taylor, William T. Sherman, William S. Harney, John B. Sanborn, Samuel F. Tappen, Christopher C. Augur, Alfred H. Terry, John B. Henderson, Andrew Johnson

US Government Documents Related to Indigenous Nations

This 1904 reprint of the Sioux Treaty of 1868, also known as the Treaty of Fort Laramie, 1868, was transcribed and published in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. This treaty, between the United States government and the Sioux and Arapaho Nations, established the Great Sioux Reservation, promised the Sioux would own the Black Hills in perpetuity, and set aside the country north of the North Platte River and east of the summits of the Big Horn Mountains as unceded Indian territory. Furthermore, the U.S. government pledged to close the Bozeman Trail forts and provide …

Civil Government. Its Origin, Mission, And Destiny, And The Christian's Relation To It., David Lipscomb

Stone-Campbell Books

No abstract provided.

John Hutchinson Letter To Joseph Fulford; December 2, 1863, North Carolina, John Hutchinson

Broadus R. Littlejohn, Jr. Manuscript and Ephemera Collection

Hutchinson encloses a check to Fulford and instructs "please fill up for amt of my note due the Merchants' Bank of Newbern_ Please cancel the Note + send it to me."