Legal Commons^™

Legislating Morality In The Gilded Age And Progressive Era: Moral Panic And The “White Slave” Case That Changed America, Nancy C. Unger

History

This article is based on the presidential address presented to the Society for Historians of the Gilded Age and Progressive Era at the meeting of the Organization of American Historians in Los Angeles in 2023. Its focus is Maury Diggs and Drew Caminetti, two white men from Sacramento, California, charged with violating the Mann Act (known as the White Slave Trafficking Act) in 1913. The Gilded Age and Progressive Era obsession with white slavery, a phenomenon that has particular resonance in today’s climate, reveals the power of moral panics. Examining the steps, and missteps, that various legal, social, and political …

Unilateralism And Strategic Ambiguity In American Foreign Policy: Contextualizing The Taiwan Relations Act, James L. Landers

Honors College Theses

The goal of this thesis is to examine the unique historical context surrounding the enactment of the 1979 Taiwan Relations Act in order to demonstrate how congressional unilateralism, a core component of enacting the TRA, led the United States to strengthen a policy of strategic ambiguity toward Taiwan and China. As a result of its enactment, the TRA has been criticized by the mainland Chinese government as an example of foreign policy that is contrary to the traditional values promoted by the United States. This study examines the creation of the TRA through government documents, legislation, and speeches and aims …

"I Hate Illinois Nazis:" Remembering Hate Speech And The First Amendment In Skokie, Illinois, Morgan Myers

Undergraduate Research Symposium

In 1976, the leader of the Illinois chapter of the National Socialist Party of America (neo-Nazis) sent over 30 requests to hold demonstrations in various areas of Chicago. The village of Skokie was the only one to respond, denying their request. The Nazis sued the city, claiming their freedom of speech was being impeded. The resulting court case has had lasting legal and social consequences that continue to define the meaning of both free speech and hate speech in the United States.

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 Women Of Justice: Narratives Of Women Attorneys In California During The 1960s And 1990s, Sarah Zion

Master's Theses

This thesis interviews two women attorneys who have not previously shared their stories to relate their experience of going to law school and entering the field after graduation. The study of women lawyers and their stories is not a new topic, however, there is a focus in the scholarship to only explore the tales of the women who reached the big firsts, such as first female lawyer or first female judge. By providing interviews of women who have not reached these big accomplishments, the field gains a more rounded understanding of the history of female lawyers. The two women interviewed …

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …

Intersections Of Violence Against Immigrant Women On The United States-Mexico Border, Holland Morgan

Ramifications

There have been growing tensions along the United States-Mexico border over the last twenty years and the very unique position of Mexican immigrant women is largely ignored. With the increased militarization of the border to protect American land from people considered ‘illegal’, this has left immigrant women vulnerable to gendered violence from border officials; as well as state systems that silence their voices or persecute them for their undocumented status. This paper uses the disciplines of history, sociology, and women’s and gender studies to make connections between the state portrayal of immigrant women, violence in border cities, and community efforts …

“Ingenious Entanglements”: Sheriffs, Capitalism, And Civil Society In America, 1750-1850, Chad R. Holmes

Graduate Theses, Dissertations, and Problem Reports (ETD)

Sheriffs served as indispensable legal actors who facilitated the expansion of democracy and capitalist transformation, processes that eventually limited their ability to profit from their work and diminished their social status. This dissertation is organized around specific sheriffs and the actions they performed to illustrate how county officers influenced society beyond the execution of court orders. These men—Rhode Island’s Beriah Brown, Pennsylvania’s John Barker, and Massachusetts’s Elisha Porter, Luke Baldwin, and Charles P. Sumner—believed they understood how to balance community demands and state directives in ways that would produce personal profit and greater authority. The work of these officers and …

Women’S Bodies, Government’S Vessels: Control Of Women’S Reproductive Capacity In U.S. Policy, 1837 - 1924, Shana Clapp

Honors Theses

This thesis explores the changing boundaries of women’s property rights in the nineteenth and early twentieth century with a critical eye on the intentions of white male policymakers. I analyze the development of laws regarding married women’s property rights, homesteading, and workplace relations to understand how lawmakers and judges viewed white women's reproductive capacity as a state policy tool in varying ways. The expansion of women’s property rights in the U.S. revolved around women’s reproductive labor and funneled women into their assumed roles of wives and mothers. Weaving together historical moments across a century of great advancement for women, I …

Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger

The Cardinal Edge

No abstract provided.

"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 …

"Secession's Moving Foundation": Fugitive Slave Rendition And The Politics Of American Slavery, Evan Turiano

Dissertations, Theses, and Capstone Projects

This dissertation examines the political conflict over fugitive slave rendition from the era of the American Revolution through the passage of the 1850 Fugitive Slave Law. It pays particular attention to the struggle over the legal rights due to African Americans accused of being fugitive slaves. Slaveholders claimed an absolute property right over accused fugitive slaves and argued that any recognition of legal remedies for accused runaways threatened that right. Free African Americans and their allies in the abolitionist movement asserted that Black people accused of having escaped slavery were due a legal process. This was a vital protection against …

Plyler V. Doe: The Education Of Undocumented Alien Schoolchildren In Texas, 1975-1982, John Powell

History Theses and Dissertations

When a Texas statute denied a free public education to those who were not citizens or legal residents of the United States, four Mexican-American families challenged the constitutionality of that statute. The Supreme Court ruled in their favor, confirming that the Equal Protection Clause protects everyone regardless of immigration status.

Clark Memorandum: Spring 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• General Joseph Smith and His Candidacy for the Presidency of the United States
• Leadership Lessons from the Life of Dallin H. Oaks
• Flunking the Founding
• Seven Lessons from the Life of Rex Lee

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 …

The Ncaa's Rise To Absolute Power And Confronting Its Distortion Of Amateurism, Terek J. Kirsch

Senior Honors Projects, 2020-current

This paper examines the progression of the intercollegiate athletic space, from a small regatta in 1852 to the massive athletic environment we know now in contemporary society. It finds the National Collegiate Athletic Association snared in a trap of circular logic that has been closing in on it since its conception, as it has defined collegiate athletes as amateurs and then proceeded to argue for amateur status for those athletes because of the definition that it wrote. This paper concludes in its final two chapters, after analyzing the recent Supreme Court case NCAA v. Alston, and the Name, Image, and …

The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith

The Purdue Historian

This paper covers how the substance and meaning of liberty changed during the ending years of the Gilded Age (1870-1900) through the beginning ages of the Civil Rights Movement (1954-1968). Economic liberty took shape in the cases Allegeyer v. Louisiana (1897) and Lochner v. New York (1905). Civil liberties would take several more years to come into the Supreme Court’s jurisdiction. The case Gitlow v. New York (1925) began the establishment of incorporation of the Bill of Rights to the states, otherwise known as our fundamental liberties (note: The Supreme Court used selective incorporation, however). In the case U.S. v. …

2nd Place Contest Entry: Student Governance During The Free Speech Movement, Philip Goodrich

Kevin and Tam Ross Undergraduate Research Prize

This is Philip Goodrich's submission for the 2022 Kevin and Tam Ross Undergraduate Research Prize, which won second place. It contains their essay on using library resources, their bibliography, and a summary of their research project on student governance during the free speech movement.

Philip is a fourth-year student at Chapman University, majoring in History and Political Science. Their faculty mentor is Dr. Alexander Bay.

Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd

Senior Honors Theses

The proper method of constitutional interpretation has been debated throughout the history of the Supreme Court. This debate has been defined by the tension between the originalist and living constitution jurisprudences. Each has been dominant at one point in United States history. A fair construction jurisprudence was almost universally utilized by the Supreme Court to interpret the Constitution according to its original meaning until Plessy v. Ferguson. Then, due to an alliance between evangelicals and progressive scholars, a broader, more lenient living constitution jurisprudence developed which allowed justices to interpret the Constitution in light of changing social norms. Finally, …

Boston Discusses The Massacre, Jean C. O'Connor

The Montana English Journal

Teachers may use this chapter from The Remarkable Cause: A Novel of James Lovell and the Crucible of the Revolution as a short story for grades 7 – 12., to explore themes of interpersonal conflict, conflict resolution, and the value of law.

The chapter “Boston Discusses the Massacre” is taken from The Remarkable Cause: A Novel of James Lovell and the Crucible of the Revolution (Knox Press, 2020), and used with permission. James Lovell, teacher at the Boston Latin School, discusses the pivotal events of March 5, 1770. As the conflicts that become the American Revolution begin a group of …

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.

The Worth Of The Black Disabled Body: An Excavation Of Black Disabled Legal History, Alyssa Mcleod

Undergraduate Research Awards

Slave law was overwhelmingly concerned with the state of individual bodies, from the earliest colonial iterations of race-based statutes through to the end of the antebellum era, becoming a key index in shaping the concept of race from that point forward. In this time, white legislators were trying to answer several burgeoning questions including: Are enslaved bodies inherently damaged, broken, criminal, or worthy of manumission? The answer, it seems, is that every enslaved person’s value was determined almost strictly on the value of their labor, and therefore, their ability to work (and thus, by implication, their value as salable property). …

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 …

From The End Of Politics To Legitimate Opposition: Political Perceptions Of The 37th Congress Of The United States In The North 1860-1862, Lauren Dubas

Honors Program: Senior Projects (Public)

This paper intends to explore the political landscape of the Union during the first two years of the Civil War, specifically how the people in the North perceived what remained of the Congress from 1860-1862. I will be using a combination of primary and secondary sources to cover the 37^th Congress of the United States, whose members were elected in 1860 and legislated until the next Congressional election in 1862. My research shows several significant stages in the political landscape during this period and uses these stages of partisan politics as the foundation for understanding how the federal government, …

Grayscale Thoughts: Reactions To Brown V. Board Of Education, Haylee Orlowski

James Madison Undergraduate Research Journal (JMURJ)

The 1954 Supreme Court case Brown v. Board of Education established that the segregation of public schools based on race violated the Equal Protection Clause of the Fourteenth Amendment. Across the United States, there was a spectrum of reactions to Brown. Responses ranged from optimism and celebration to anger and violence. This paper surveys the varied reception of Brown from politicians, parents, teachers, journalists, and other parties. It acknowledges the grayscale of opinions within and across demographic lines. The purpose of this paper is to recognize the complexity of a critical moment in the civil rights movement to prevent …

Two Diametrically Opposed Jurists: The Jurisprudence Of Chief Justices Roger B. Taney And Salmon P. Chase, Alexandra M. Michalak

The Cardinal Edge

No abstract provided.

The Law And The Household: Criminal Courts In Early Twentieth Century Rockingham County, Jennifer Taylor

Masters Theses, 2020-current

This thesis examines the early twentieth century as a period of transition for rural, southern communities where the state began to increase its authority in matters of the family and the household. This prompted a transition from traditional patriarchal authority to state paternalism. Using the criminal court case records from the Rockingham Criminal Court, it is possible to evaluate the rural population’s reaction to this transition. Certain populations, particularly women, were willing to use the law as a place to find justice against male power, while men continued to perpetuate traditional ideas about masculinity and informal, violent retribution as a …

"I Love Judges, And I Love Courts:" Chief Justice William H. Taft And Reform In The Federal Judiciary., Alexandra M. Michalak

College of Arts & Sciences Senior Theses

As the only former president to ever serve as the Chief Justice of the United States Supreme Court, William Howard Taft’s legacy is best exemplified through his impact on the federal judiciary. Taft proved in time that the judiciary was his one true passion, undertaking revolutionary federal court reform that expanded the federal district courts, introduced the Judicial Conference, strengthened the chief justiceship, expanded the Supreme Court’s discretionary jurisdiction, and established a freestanding Supreme Court building. Following the reform trends of the period, Taft accomplished his reforms with the help of his political connections and experience, his colleagues on his …

Revisiting Hudson County Water Co. V. Mccarter: Realism, The Public Trust Doctrine, And Environmental Conservation In The Lochner Era, Steven Huffman

Masters Theses & Specialist Projects

Legal histories of the Gilded Age and Progressive Era tend to focus inordinately on economic regulation within a doctrinal framework in which private rights, equal protection, and “substantive” due process guided judicial decision-making. Consequently, the overarching economic context in prevailing legal historiography obscures an important yet oft-overlooked development in the linkage between public rights, natural resource trusteeship, and the early-twentieth-century environmental conservation movement. This development is inextricably tied to the evolution of water law in the late nineteenth century and the expansion of the American commercial republic. A normative understanding of public water rights during this period is confined to …

Reimagining The Duck Stamp, Hunting Licensure And Public Land Preservation, Alec Wayne Boyd-Devine

Masters Theses & Specialist Projects

The American Migratory Bird Hunting and Conservation Stamp, or Duck Stamp, is a form of licensure issued by the Federal Government for waterfowl hunters. Why do physical stamps act as licensure to hunt waterfowl on both public and private land in the United States? How did the stamp become the key that grants access to resources that supposedly should be owned by the public? The duck stamp has been well-documented in conservation communities as a resource which has made significant positive impacts on the environment. The increase of anti-hunting sentiments in our society combined with fewer hunters per capita may …