Legal Commons^™

From Ecclesiastical Tradition To Judicial Authority: Divorce In Scioto County, Ohio, 1809-1851, Franchesica Lashelle Kidd

Graduate Masters Theses

This thesis examines divorce in Scioto County, Ohio between 1809 and 1851 as a case study of the legal and social transformations that followed the American Revolution. While previous scholarship has focused primarily on New England and the colonial period, Ohio has received comparatively little scholarly attention. Using legislative records, court proceedings, census records, and individual divorce petitions, this study argues that Ohio’s transition from ecclesiastical precedent toward judicial authority reshaped the ways in which marriage and divorce were understood. Divorce became increasingly accessible to both women and men, while changing legal practices reflected broader shifts in gender, family, and …

The History Of The Constitution Is Our Future., Maggie Blackhawk

Michigan Law Review

The Constitution of the United States establishes a government; it also stands as the fundamental law of a people. It shapes daily life, distributes power, and sets a direction for the future. And yet when we ask about the reach and meaning of the Constitution, we are increasingly told to look backward. The answers to our future are said to lie in the past.

A History Of The Underground Comix Scene: The Seriousness Of An Unserious Genre, Harris Darcie Shugart

Master's Theses

The Underground Comix Scene of the 1960s and 1970s was born out of an age of censorship. The Comics Code Authority, a regulatory body created by the Comics Magazine Association of America in 1954, established guidelines requiring publishing houses to self-regulate following a recommendation from the United States Senate Subcommittee on Juvenile Delinquency in 1953. Comix with an X, for their X-rated nature, represent an emerging counter-culture in the latter half of the 1960s and the 1970s, with an epicenter of San Francisco. These comix and their artists were not interested in obtaining the looming ‘Seal of Approval’ from the …

La Raza In The U.S.-Mexico Borderlands: A Comparative Regional Study Of Mexican American Elite Identity-Making From Texan Independence To The Mexican Revolution, Davis Diego Massey

History ETDs

After the U.S. annexed much of Mexico following the Mexican-American War, Mexicans in the incorporated regions began to think of themselves as a racial group within the U.S. rather than a distinctive nationality. The 1848 Treaty of Guadalupe Hidalgo promised citizenship rights to all Mexicans in the area. The Treaty promises rarely were put into practice, as they were left up to the enforcement of territories and states. Even where enforced, the rights of citizenship were restricted and defined on the basis of race. Local laws excluded Afro-Mexicans and Mexican Natives from exercising the rights promised by the Treaty. This …

Women In The Chancery Court Of Maryland From 1669 To 1679, Emily A. Cole

All Theses

This project examines women who appeared in the Chancery Court of Maryland from 1669 to 1679. This thesis used the Archives of Maryland Online and the volume of proceedings of the Chancery Court. Across the three chapters, I argue that historians have largely ignored these proceedings, and that women did not appear in court out of empowerment but rather out of legal duty and requirement. I examined how these women appeared in both their legal status and the types of positions they held. This included the life cycle women typically followed from wife to widow to remarriage. They also appeared …

The Right-To-Work Debate In Louisiana: How A Moment Of Violence Changed Law, Emma K. Thigpen

LSU Master's Theses

These two projects focus on the rise of business communities in twentieth century politics of the South and how they shaped national visions of the United States’ economic future. Chapter 1, a primary source project about how labor violence led to a Right-to-Work law, examines the actions of the La. AFL-CIO, led by Victor Bussie, and the Louisiana Association of Business and Industry, led by Edward Steimel, as they pursue alternate visions of economic progress and the “American way.” A major theme of this chapter is how violence was manipulated and refashioned to legitimize a lobbying organization and legislation intended …

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.

A Wound Upon The Union: John Quincy Adams And The Treaty Of Indian Springs, Spencer Peacock

Honors Theses and Capstones

This thesis examines the crisis that developed after US president John Quincy Adams signed, then disavowed (allegedly over moral concerns), the fraudulent 1825 Treaty of Indian Springs with the Creek Indian Nation. The thesis probes Adams' motives during the Treaty of Indian Springs crisis, and seeks to connect the crisis to the evolution of US federal Indian policy in the 1820s, prior to the mass Indian removal of the 1830s.

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 …

“An Extremely Dangerous Institution:” The Cultures And Controversy Of Public Social Dances In Montana, 1900-1930, Danielle Allison Brown

Graduate Student Theses, Dissertations, & Professional Papers

This paper explores public social dances east of the Continental Divide in Montana from 1900 to 1930. Rural social dances in schoolhouses and urban dances in dance halls created two different dance cultures. The relaxed nature of rural dances preserved the traditional values of nineteenth-century social dances, which reinforced community and family ties. Urban dances reflected the modern fads of the roaring twenties and challenged traditional values with sexual suggestiveness. Progressive Era moral reformers concerned about the possibility that social dance promoted illicit sexuality participated in an anti-dance movement and pushed for regulations of social dances. The anti-dance movement in …

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 …

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 …

Industrialization And Immigration: Latino And Hispanic Immigrants In The South Carolina Upstate, Matthew D. Girardeau

All Theses

European investment in the South Carolina Upstate created favorable conditions for Latino immigration. French tire manufacturer Michelin came to the region in the 1970s, and the construction of the largest BMW plant in the world in the 1990s greatly impacted the local economy. The Upstate had a history of outside investment, beginning with Northern industrialists in the textile industry and later European companies that provided equipment for textile mills. The automotive industry did not necessarily employ Latinos, but the money generated by the sector created booming construction and service industries. Latinos built a community in western Greenville County and established …

Forced Sterilizations And Reproductive Control: A Legacy Of Eugenics And White Supremacy In The United States, Bshara Alsheikh

Electronic Theses, Projects, and Dissertations

Women of color have suffered racial reproductive abuse by the hands of government-funded white supremacist institutions. From federal government agencies to the highest court of the land, they have all played a crucial role in the reproductive oppression of women of color and have failed to protect their bodily autonomy. This thesis examines legal cases like Buck v. Bell, Madrigal v. Quilligan, and Relf v. Weinberger to showcase how the bodies and reproductive capacities of women of color have been targeted and controlled under the guise of public health, to advance supposed economic stability, and through a racially charged eugenics …

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 …

From Tragedy To Triumph: Maine’S Lgbtq+ History (1984-2005), Aidan King '25

All Student Scholarship

Maine’s LGBTQ+ history may be very rich, but true acceptance was an uphill battle. For decades, queer residents of Maine fought for equal rights in the state. The Stonewall riots in 1969 in New York City were an early sign that LGBTQ+ citizens were not going to continue to let their identities be suppressed, but as the years progressed, so too did the confidence of queer people to be open about their identities, including in Maine. In 1973, at the University of Maine, the Wilde-Stein Club was established, to the deep chagrin of homophobic fundamentalist preachers whose protests against the …

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 …

A Quarter Century Of Scholarship: Trends In The St Mary’S Law Scholar’S Journal, Trenton Boudreaux

Capstone Projects

This project catalogs the trends of the articles published in The Scholar: St Mary’s Law Review on Race and Social Justice. Over its 25-year history, The Scholar has published 26 volumes discussing issues related specifically to minority and social justice issues. The project catalogs the topics covered in the volumes, and explores this data for historical trends. The project posts these results on the St. Mary’s Law School History page and provides historical context for some of the topics covered. This information provides a valuable resource for researchers into The Scholar as a publication.

Life, Liberty And Property: Property As A Weapon Utilized Against Native Peoples And As A Tool To Strengthen Native Sovereignty In The Upper Midwest, Jacob R A Ludwig

HS 390 Primary Research Papers

While many Americans today recognize the continuing paternalism of the federal government towards Tribal governments, much still remains unknown to the public regarding the specific laws, policies and treaties that have provided the continuing legal authority for this paternalism. Throughout American history, the relationship between the federal government and Native American tribes can be seen through the use of violence both in law, and outside of it. Treaties, the basis for removal, have been used by both the federal government and subsequently tribal governments to assert their authority over land. In the Upper Midwest, various Anishinaabe tribes signed several treaties …

The Forgotten Fundamental Right To Free Movement, Noah Smith-Drelich

Northwestern University Law Review

There is a powerful fundamental right hiding in plain sight: the fundamental right to free movement. This right goes beyond the consistently acknowledged—though infrequently applied—fundamental right to interstate travel. The true scope of the Constitution’s protection of movement through substantive due process safeguards local, interstate, and international travel. Though overlooked today, the fundamental right to free movement has deep roots in history and tradition, and in the decisions of numerous state and federal courts, including the Supreme Court.

This Article is the first to examine freedom of movement using the history and tradition test for unenumerated fundamental rights. This Article …

What Is An American? A History Course Proposal, Nathan Walsh

SPARK Symposium Presentations

“What is an American? A History Course Proposal” is designed to be an introductory college-level course that encourages interest in history among the students and develops critical thinking skills throughout the course. That also implements and combats the use of AI in the classroom through a practical and beneficial strategy. The course content focuses on the cultural and legal history of American citizenship and immigration in the United States.

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.

Healing Communities With Police Divestment: Seeking Abolition Through Transformative Reform And Community-Government Collaboration, Jessica E. Gillson

Undergraduate Honors Theses

Concerns about the efficacy and sustainability of the U.S. carceral system have persisted throughout the country’s history, recently fueling renewed activism and bipartisan calls for reform. However, proposed solutions remain divisive. This thesis first defines the current status of our prison systems, then explores collaborative alternatives to incarceration and policing that support communities and break cycles of incarceration.

Focusing on partnerships among local governments, community organizations, justice-involved individuals, and law enforcement, this study examines holistic approaches to crime prevention, reentry, and reintegration. Using an interdisciplinary framework incorporating restorative justice, community resilience, and systems theory, it investigates how community-based strategies can …

Italians, Finns, Methodists, And The Klan: A Look Into The Complex Identities And Relationships That Were Prominent In The Upper Peninsula During The 1920s, Piper R. Kraft

HS 390 Primary Research Papers

This essay focuses on the Upper Peninsula of Michigan in the 1920s and the resurgence of the Ku Klux Klan. Using interviews from the Italian Oral History Collection, this essay explores the relationship between Italians, Finns, and the KKK. Rather than focusing on labor relations, this essay explores how these groups saw exogamy, the value placed on maintaining one’s religious connection and perceived racial identity. This research touches on the intersectionality of racialized ethnicity, religion, and class, concluding that the predominantly Methodist KKK would be more open to relationships, both personal and professional, with Finnish immigrants, even though they do …

0892: The Gregg Family Papers, 1940-2024, Marshall University Special Collections

Guides to Manuscript Collections

Anna Catherine “Kay” Kelly Gregg was born in 1920 in Dawson, West Virginia, to Aldridge James Kelly and Mary Leah Lowry. She was raised in Huntington, West Virginia, alongside her four siblings: James Thompson Kelly, Franklin C. Kelly, Bonna Kelly Paul, and Jeanette W. Kelly Scheerer. Kay enrolled at Marshall College in 1940 and completed her Bachelor of Arts degree from the Teachers College on September 12, 1944.

Harrison “Harry” Humphreys Gregg was born in Cincinnati, Ohio, to Daniel B. Gregg and Rebecca Humphreys. He attended the University of Cincinnati and later met Kay Kelly while visiting Huntington. The two …

Federal Election Commission And Indiana Secretary Of State Campaign Finance Information Resoures, Bert Chapman

Libraries Faculty and Staff Presentations

This presentation covers campaign finance information resources produced by the Federal Election Commission (FEC) and Indiana Secretary of State. It describes how these agencies began, details how they oversee and regulate U.S. federal and Indiana state elections, and documents contributions made by individuals, organizations, political parties, and political action committees to individual candidates and organizations. Reporting documentation on these election races is also included.

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

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 …

Legal Slavery In America: A Precedent Set By A Black Plaintiff, Edwin Vazquez

Bound Away: The Liberty Journal of History

The legal precedent for slavery in America was set by a free black in a case decided by a seventeenth-century court granting the ownership of a black defendant to a black plaintiff. Slavery was not introduced by the arrival of the first Africans at Point Comfort in 1619. Ironically, it was introduced by precisely one of these first African arrivals to the New World. From this point, it developed into the known institution of slavery that later had to be quelled by a Civil War.

Iron In The New World’S Veins: Government, Ironworks, And Community In The Massachusetts Bay Colony, Abigail Adam

Masters Theses, 2020-current

The Massachusetts Bay Company conceived of a colonial iron industry as early as 1628; two years before its leaders migrated to the New World. The colony’s founders continued their efforts to establish a functioning iron industry in subsequent decades. With the General Court’s support, John Winthrop Jr. engaged in business with the London-based Company of Undertakers to make the iron industry a reality. Nevertheless, previous scholarship has neglected the iron industry’s place in the Massachusetts Bay Colony’s establishment. Yet surviving court records and correspondence indicates that these two bodies are inseparable. Indeed, the General Court used the ironworks to materially …