Legal Commons^™

Anti-Anarchist Legislation And The Road To The 1919 Red Hysteria, Evan Crumb

College Honors Program

In my thesis, I connect anti-anarchist legislation from the early 1900s with the excesses of the 1919 Red Scare. I tie the actions of anarchist leaders Emma Goldman and Alexander Berkman to legislative responses, which were then weaponized after the hysteria of the Russian Revolution culminating in the deportations of 249 Russian “radicals” on the Soviet Ark. I find that the Supreme Court’s legal interpretation of the 1903 Immigration Act’s anti-anarchist provision in Turner v. Williams (1904), and the 1902 Criminal Anarchy Act in Gitlow v. New York (1925) were rational—understandable—within their legal and social context.

My legal history bridges …

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 Road To Self-Support: Vocational Rehabilitation And The Associational State, 1917-1945, William Jared Norwood

Graduate Student Theses, Dissertations, & Professional Papers

“The Road to Self-Support: Vocational Rehabilitation and the Associational State, 1917-1945” traces the origins and development of the Civilian Vocational Rehabilitation (CVR) program from its inception in 1920 until the conclusion of the Second World War. Rapid industrialization and the fallout of the First World War handed the nation a large amount of people with disabilities, which drew on already strained state and local welfare relief. The project examines the interwar period and finds it to be a battleground of differing governing strategies over how best to solve America’s growing level of disabled workers. The project argues that policymakers settled …

Reconstructing The Black Family: How The Freedmen’S Bureau Sought To Shape Black Family Structures After Emancipation, Megan R. Busby

Honors Theses and Capstones

No abstract provided.

Centralizing The Purse: Why A More Centralized National Government Was Crucial For Managing America's Revolutionary War Debt, Ethan Berg

Mahurin Honors College Capstone Experience/Thesis Projects

Research on the American Revolutionary debt has particularly focused on the leadership of American financial figures: most notably Superintendent of Finance Robert Morris and U.S. Treasury Secretary Alexander Hamilton. While scholars affirm their indispensable leadership, they also acknowledge institutional and political conditions that distinguish their tenures. This CE/T seeks to further analyze these conditions. It draws upon scholarly works while evaluating different aspects and time frames of Americas’ public debt, including the initial accumulation of debt, the tenure of Robert Morris, the formation of the U.S. Constitution, and the tenure of Alexander Hamilton. The CE/T also analyzes the papers of …

The Ethics Of Aerial Bombardment In International Conflicts: From Douhet To Drones, Rauan Zhaksybergen

Graduate Theses, Dissertations, and Problem Reports (ETD)

In this thesis, I demonstrate how the question of ethics in aerial bombardment has been evolving and transforming since its inception at the beginning of the twentieth century to contemporary targeted killings/assassinations by drones. I interact with early airpower theories from Douhet, Trenchard, Mitchell, and contemporary air tactics in order to establish a crucial sequence between these early theories and practices of aerial violence and modern ones conducted by armed drones. I show how the evolution of aerial bombardment challenged, influenced, and transformed essentials of conventional warfare, as well as dispersed boundaries between combatants and non-combatants. Contemporary legally uncontrolled targeted …

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

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 …

“The New American Woman”: The Legal And Political Career Of Clara Shortridge Foltz, Marissa Swope

Bound Away: The Liberty Journal of History

This article analyzes the life and career of Clara Shortridge Foltz, a California attorney and suffragist of the latter decades of the 19th Century and the early 20th Century who was an early developer of the concept of the public defender, leaving an important legacy in the advancement of women's rights.

Without Personhood: The Missing Point Of Slaves In Missouri's Emancipation-By-Residency Freedom Suit Jurisprudence, 1824-1837, Jacob Alfred Brandler

Graduate Theses/Dissertations

From 1824 to 1837, the Supreme Court of Missouri developed a sophisticated caselaw establishing emancipation-by-residency—where a Missouri court could liberate an enslaved petitioner because of their residence in a free jurisdiction—as a basis of freedom suits. In 1852, however, the Court undermined the precedential value of those decisions and dismantled this basis when deciding Dred Scott’s case, Scott v. Emerson. Scholarship on Missouri’s freedom suits has highlighted how partisanship and the political atmosphere in Missouri as well as across the nation contributed to this outcome. This study adds to the historiography how the previous caselaw itself predisposed the result; …

De Libero Conscientia: Martin Luther’S Rediscovery Of Liberty Of Conscience And Its Synthesis Of The Ancients And The Influence Of The Moderns, Bessie S. Blackburn

Liberty University Journal of Statesmanship & Public Policy

One fateful day on March 26, 1521, a lowly Augustinian monk was cited to appear before the Diet of Worms.[1] His habit trailed behind him as he braced for the questioning. He was firm, yet troubled. He boldly proclaimed: “If I am not convinced by proofs from Scripture, or clear theological reasons, I remain convinced by the passages which I have quoted from Scripture, and my conscience is held captive by the Word of God. I cannot and will not retract, for it is neither prudent nor right to go against one’s conscience. So help me God, …

Burr: An American Conspiracy, Kathleen J. Brett

MAD-RUSH Undergraduate Research Conference

Former vice president and political figure Aaron Burr was one of the most ambitious and controversial Americans of the early 18^th century. After killing Alexander Hamilton in a duel, plotted against the United States in order to create his own country. This plot became known as the Burr Conspiracy. Within this conspiracy, Burr consulted not only the Spanish for support, but America’s rival, England. Burr’s detailed scheming against his own country served as enough to arrest him under the charge of “high treason.” The trial proved to be crucial in American history, as the definition of “high treason” was …

Divorce As Liberation: Marital Expectations Among The Working-Class In The 1950s, Kristin M. Catrone

Theses and Dissertations

Divorce was a remedy employed by working-class Americans in the 1950s when their marital expectations went unmet. Spouses left emotionally, physically, or sexually abusive marriages. Expectations for marriage also centered around assumptions based on gender. Working-class women showed how divorce could be used as a tool of liberation and empowerment.

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick

Biography

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors

John D. Feerick’s life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classical American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, The Further Shore, Feerick shares his inspiring story, from its humble beginnings born to immigrant parents in the South Bronx, going …

Sentiment Analysis Of William Cranch’S Petitions For Freedom Court Reports Using Python And Vader, Anna Krause

UCARE: Research Products

Text analysis from William Cranch's court reports on the 19th Century African American Petitions for Freedom. Cranch provided selected court reports and their full title, date, and document text was imported to a csv file. This data was then analyzed using Python and its multiple software libraries to clean and prepare the text. The VADER(Valence Aware Dictionary and sEntiment Reasoner) package was utilized to give a sentiment score to each body of text, then was compared and visualized with the entire corpus. Results showed that most court reports carried a high rate of positive sentiment.

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 …

“I Do Not Feel I Am A Piece Of Property To Be Bought And Sold Irrespective Of My Wishes:” Athlete Activism And The Sociocultural Impact Of Curt Flood’S Lawsuit Against Major League Baseball, Luka Green

Pomona Senior Theses

In January 1970, St. Louis Cardinals outfielder Curt Flood filed a suit against MLB Commissioner Bowie Kuhn, protesting the Reserve Clause in Major League Baseball that did not allow players the right to negotiate contract terms with any team but their current one. In doing so, he cemented his status as a divisive figure in baseball, the media, and with the general public. One of the primary reasons for such an extreme reaction was Flood’s rhetoric surrounding the case, as he repeatedly invoked slavery and other forms of peonage when describing the working conditions of professional baseball players. This sparked …

One Man And One Wife? The Legal History Of Marriage In The Culture And Courts Of America, Tyler Speer

Williams Honors College, Honors Research Projects

For my honors thesis I will be writing on the legality and shifting attitudes of marriage throughout United States history. This thesis will explore three Supreme Court cases: Davis v. Beason (1890), Loving v. Virginia (1967), and Obergefell v. Hodges (2015), which explores polygamous, interracial, and homosexual marriages respectively. The full name of my thesis is "One Man and One Wife? The Legal History of Marriage in the Culture and Courts of America." The thesis will be upwards of fourty pages in length and will examine marriage from both historical and legal lenses and will be conducted through the History …

The Crucible Of History:How Apology And Reconciliation Created Modern Conceptions Of The Salem Witch Trials, Heaven Umbrell

Electronic Theses and Dissertations

For centuries, historians, authors, and amateur enthusiasts alike have been mesmerized by the Salem witch trials. Most of the literature focuses on the trials themselves and takes one of three approaches: anthropological; sociological; or conspiratorial. Recently Gretchen Adams, professor of history at Texas Tech University, approached the trials differently, focusing on memory. She narrowed on how the “specters of Salem” loomed over American cultural and public memory. Apart from Adams, little scholarly inquiry has focused on the aftermath of the trials, especially how it affected the people directly involved. This thesis will expand the historiography of the Salem witch hunt …

Divorce And Family Life In Nineteenth-Century Vanderburgh County, Megan Owens

Grand Valley Journal of History

In the nineteenth century, private family life was meant to mimic the ideal republican society, providing the necessary foundation for future patriotic citizens. When families failed to adhere to the idealistic notions of the private sphere and descended into conflict or divorce, however, the very foundation of American society was in danger. An analysis of divorce and family disputes in local contexts like Vanderburgh County can provide a window into the realities of private conflict within American families, especially in comparison to wider national trends.

This paper uses a small sample of divorce records from Vanderburgh County in Indiana to …

Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr

Faculty Book Display Case

Would the United States have developed differently if Virginia had not passed a law in 1670 proclaiming all subsequently arriving Africans as servants for life, or slaves? What if the state had not stripped all Free Blacks and Indians of voting rights in 1723, or outlawed interracial sex for 337 years?

Complicated Lives upends the pervasive belief that all Africans landing on the shores of Virginia beginning in late August 1619, became slaves. In reality, many of these kidnap victims received the status of indentured servants. Indeed, hundreds of thousands of free African Americans in the South and North owned …

Herman L. Midlo: Social Ally In Louisiana Religious Civil Rights, Kenneth William-Moran Taylor

LSU New Orleans Theses and Dissertations

The study of social allies in the field of American Civil Rights and Liberties History is largely an underappreciated aspect of this historical era. This work argues that social allies and their stories are worthwhile histories that are beneficial to the study of American Civil Rights and Liberties using Louisiana lawyer Herman Lazard Midlo as a case study. Midlo worked as a Louisiana lawyer from the 1930s to 1960s and fought tirelessly for the religious liberties of the Jehovah’s Witness community in the state. His story shows how beneficial and consequential the actions of social allies have had and can …

The History Of Lizzie Borden: Burying The Axe, Christian Ford

Senior Honors Projects, 2010-2019

In 1892, a wealthy Massachusetts couple, Andrew and Abby Borden, were hacked to death during broad daylight in the comfort of their own home. A few weeks later Lizzie Borden, Andrew’s daughter from his first marriage, was arrested for double homicide. Newspapers across the country took hold of the story from the very first day; a wealthy, white, woman being accused of murder was no ordinary affair. For the next year, the nation was gripped to the news as the case revealed an everlasting list of strange characters and showed the dark underbelly of the small industrial city of Fall …

The United States' Relationship With The Insanity Defense Before And After United States V. Hinckley, Natalie R. Peterman

Young Historians Conference

The United States legal system has had a fluctuating relationship with the insanity defense for decades, and the trial of United States v. Hinckley was a critical milestone for this development. Before John Hinckley, Jr. attempted to assassinate President Ronald Reagan in 1981 and the jury of his trial found him not guilty, American society generally supported the insanity defense, but both the public and the government were outraged after Hinckley’s verdict. This outrage and the subsequent political backlash against the insanity defense were motivated by progress in the area of mental illness treatment in the United States. In the …

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to …

Raphaël Lemkin’S Derivation Of Genocide From His Analysis Of Nazi-Occupied Europe, Raffael Scheck

Genocide Studies and Prevention: An International Journal

The breadth and complexity of Lemkin’s definition of “genocide” results from several influences during the time he developed the concept. One of them is a belief that Nazi Germany was engineering a demographic revolution that would leave Germany predominant in Europe regardless of the outcome of the military conflict. This notion facilitated the assumption of a coherent cynical motivation behind disparate policies, laws, and decrees. Second, Lemkin’s daily work for the U.S. Government reinforced his focus on economic and legal matters and helps to explain why they occupy such a prominent place in his book Axis Rule. His job …

50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe

St. Mary's Law Journal

Founded in 1969, the St. Mary’s Law Journal has climbed the road to excellence. Originally built on the foundation of being a “practitioner’s journal,” the St. Mary’s Law Journal continues to produce quality scholarship that is nationally recognized and frequently used by members of the bench and bar. From its grassroots origins to the world-class law review it is today, the St. Mary’s Law Journal continues to maintain its prestigious position in the realm of law reviews by ranking in the top five percent most-cited law reviews in federal and state courts nationwide.

In celebration of the St. Mary’s Law …

Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy

Honors Program: Senior Projects (Public)

Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.

Associational Republicanism: Antifederalism In Context, 1790 - 1830, Ashley Jordan

Masters Theses

No abstract provided.

Did Hollywood Take Theatre "By Hook Or By Crook?", Catherine S. Wright

Graduate Theses/Dissertations

Hollywood and Theatre have been partners in producing entertainment for over 100 years. The relationship was fruitful for both parties, but Hollywood moguls and playwrights battled over ownership of the work and crafting of its creative nucleus, story and character. Theatre was the dominant entertainment right before the rise of motion pictures. Once Hollywood’s talkies closed the curtain on silent films, playwrights had a high creative worth to movie makers. In the cinema, story and dialogue were essential for its survival and growth. Playwrights were courted by the Hollywood studio heads but were not offered equal partnership as they were …