Legal Commons^™

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 …

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 …

Corn Strike History Report, Dr. Lendol Calder, Annie Urbanczyk, Clair Wright

2015-2016: Clinton, Iowa

No abstract provided.

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 …

Making Marital Rape Visible: A History Of American Legal And Social Movements Criminalizing Rape In Marriage, Joann M. Ross

Department of History: Dissertations, Theses, and Student Research

This study examines the history of marital rape and related topics in the United States within the broader context of women’s legal and political rights. The project demonstrates the interplay between women’s activists, legislators, the criminal justice system, and an involved public necessary to change both societal and legal views on spousal rape, and eventually its criminalization in all fifty states.

Concentrating on approaches to criminalizing marital rape in three of the fifty states, this dissertation provides a reasonable representation of the existence of the marital rape exemption in America, arguments used to maintain the exemption, and various methods used …

The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram

Harvey M. Applebaum ’59 Award

This thesis examines the extent of the President’s wartime detention authority over citizens (in particular, detention authority pursuant to Article II of the U.S. Constitution) through a legal-historical lens. Some Presidents (Abraham Lincoln, Franklin Roosevelt, George W. Bush) have historically relied on Article II authority for detention, while others (Ulysses Grant, Barack Obama) have disclaimed the notion that such authority exists. Clarifying the scope and source of the Presidential detention authority over citizens bears both theoretical and real-world relevance. Theoretically, it lies at the confluence of two central American constitutional traditions – the separation of powers, and the protection of …

Land And Law In The Age Of Enterprise: A Legal History Of Railroad Land Grants In The Pacific Northwest, 1864–1916, Sean M. Kammer

Department of History: Dissertations, Theses, and Student Research

Federal land subsidies to railroad corporations comprised an important part of the federal government’s policies towards its western land domain in the middle decades of the nineteenth century. In all, Congress granted over a hundred million acres to railroad corporations to subsidize construction of a transcontinental railway network. Long after the last such grant in 1871, these land grants continued to incite political contests in Congress and state legislatures and legal disputes in communities across the West. By the end of the century, railroad corporations had become manifestations not just of the threatening growth of corporate power in the United …

A Howl Of Free Expression: The 1957 Howl Obscenity Trial And Sexual Liberation, Jamie L. Rehlaender

Young Historians Conference

The 1957 “Howl” obscenity trial, which covered the constitutionality of utilizing obscene words in literature, was largely influential in the development of literary free expression in America. This case centered on Allen Ginsberg’s Howl and Other Poems, a work which represented the ideals and culture of the literarily experimental and sexually promiscuous Beat Generation. The expansion of free expression can be discerned through the tolerance of these sexual implications in literature, which is documented throughout the history of sexual suppression in past censorship cases. The victory of the “Howl” obscenity trial was essential for liberating the use of sexual …

The Brutal Murder Of George J. Bushman, Conrad B. Richter, Dale J. Molina

Adams County History

In the fall of 1918 there occurred in Adams County a singularly brutal murder that brought the County and the town of Gettysburg to a shocked standstill. The tentacles of this event would reach into four Pennsylvania counties: Adams, Cumberland, Dauphin, and Philadelphia, and eventually the Pennsylvania Supreme Court. The investigation of the crime and the trial of the perpetrators involved so many public officials and families, as well as the extended judicial system and geographical locations within and without the County, that we have included a Cast of Characters and Locations to assist the reader in following this convoluted …

Adams County History 2015

Adams County History

No abstract provided.

"Spitting Positively Forbidden": The Anti-Spitting Campaign, 1896-1910, Patrick J. O'Connor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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.

When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo

Faculty Publications By Year

James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back …

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.

Fair Trial In A Sensationalist Society: Charles Manson And The Tate-Labianca Trial, Jamie L. Cannady

Young Historians Conference

The American legal system was created to ensure each citizen a fair and impartial administration of justice. Charles Manson, notorious criminal and leader of the Manson Family, faced one of the most sensationalistic and dramatized trials in all of United States history. This study views Manson's trial under these promised civil liberties, scrutinizing how Manson and his followers were not given the right to fair trial as secured under the Sixth Amendment to the United States Constitution. Through many contemptuous actions by the court and media, the accused Family members were sentenced to death without an unbiased and lawful verdict.

Accounts Of Settler Colonialism: A Comparative Study Of The Dakota & Palestinians’ Plight, Baligh Ben Taleb

Department of History: Dissertations, Theses, and Student Research

Over the course of the nineteenth century, American settlers spread throughout the Western frontier, driving out indigenous populations to establish unique and permanent homelands of their own. In doing so, they caused the death and displacement of thousands of Plains Indians, including the Dakota people in the young state of Minnesota in 1862. Indeed, the US-Dakota War represented a salient instance of settler colonial expansion on the frontier, triggering a bloody conflict between the Dakota Sioux and American military expeditions led by Henry H. Sibley. This paper attempts to contextualize this war within the broader framework of settler colonialism and …

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 …

Sasquatch And The Law: The Implications Of Bigfoot Preservation Laws In Washington State, Joan Ilacqua

Graduate History Conference, UMass Boston

The American Pacific Northwest is characterized by its lush wilderness, mountain ranges, salmon, Starbucks coffee, and most recently, by “Portlandia”-esque hipsters. The Pacific Northwest is also the home of the elusive, and potentially bogus, Sasquatch. The first Sasquatch, or Bigfoot, story was published by pioneer missionary Elkanah Walker in 1840 and a long tradition of publishing Bigfoot stories has proliferated since. Bigfoot searches and stories culminated in the 1967 Patterson-Gimlin film of a supposed female Sasquatch, although the myth has found resurgence in modern Bigfoot hunting television shows. Whether or not the elusive Sasquatch exists, ultimately the stories serve as …

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 …

Segregation In United States Healthcare: From Reconstruction To Deluxe Jim Crow, Kerri L. Hunkele

Honors Theses and Capstones

During the time period between Reconstruction and the Deluxe Jim Crow era, African Americans were legally oppressed, which hindered their ability to live fully and equally in society with whites. This was especially true in terms of healthcare. Segregation laws were implemented to separate blacks from the rest of society in everyday life; the worst of these laws affected the ability of African Americans to gain access to medical care that was equal to whites. This inequality prevented blacks from being accepted into society and from living quality lives that stem from adequate healthcare. Although the federal and state governments …

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.

Union And States’ Rights: A History And Interpretation Of Interposition, Nullification, And Secession 150 Years After Sumter, Neil H. Cogan

University of Akron Press Publications

Edited by Neil H. Cogan, who is a well-versed legal scholar of constitutional law, civil rights, and civil and criminal procedures, this volume is a collection of papers on a central issue of governance in the United States; namely, what is the power of the States to object to and cancel Federal law with which they disagree. For eighty-one years, from the ratification of the Constitution to the end of the Civil War, this issue of State power was the central issue of governance. Chapters address the history and legal arguments for three assertions of such State power: interposition, nullification, …

Gaman: How Japanese Americans Persevered In The Face Of Racial Injustice 1941-1988, Derek James Koehler

History

A look at the racial injustice of Japanese Americans during WWII including the internment camps and the 442nd Regimental Combat Team.

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 …