Legal Commons^™

The Juridical Communities Of Apulia: Communal Identity And Municipal Belonging In The Aragonese Kingdom Of Naples, Vincenzo Selleri

Dissertations, Theses, and Capstone Projects

This study intends to make a contribution to the debate concerning Jewish citizenship in Renaissance Europe by suggesting that de jure status does not provide sufficient information on the municipal belonging of individuals and groups. Citizenship in Renaissance Italy was an equivocal concept. Political rights were usually granted on the basis of wealth and “respectability” (measured in terms of lineage, and education). Jews, women, the poor, and “debased” groups may have not enjoyed such rights; nonetheless they were part of the social, economic, and cultural life of the Renaissance city.

Municipal belonging is better assessed by individuals’ de facto enjoyment …

The Solid South: The Suffrage Campaign Revisited, Abby Lorraine Crenshaw

Masters Theses & Specialist Projects

This examination of the southern suffrage campaign focuses the movement through the eyes of three prominent southern women within the political movement: Kate Gordon, Sue Shelton White, and Josephine Pearson. The merged National American Woman Suffrage Association (NAWSA) planned and organized a focus on the South during the second half of the suffrage campaign, which presented new challenges. The Nineteenth Amendment passed through Congress in 1918 and consequently set the stage for a raging political battle between suffragists and anti-suffragists. The suffrage campaign prompted women to question how the political platform of suffrage should be addressed. Women argued over the …

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011), copies …

Fornication Prosecutions Beyond The Mainstream Community And The Role Of Community Policing In Early Colonial New England, Bridget Sciscento

Williams Honors College, Honors Research Projects

During the seventeenth century, New England was composed of several independent colonies of varying size and success. In the Puritan and separatist colonies of Massachusetts Bay, New Haven, and Plymouth, entire communities, including “others,” those who were relegated outside of the community on the basis of their status or faith, worked with the theocratical legal system to police sexual morality and preserve social hierarchies that colonists understood to be fundamentally intertwined. This commitment was so strong that these colonies overlooked centuries of English legal custom when drafting harsher fornication laws, relied on the expert testimony of midwives over that of …

French Women In Art: Reclaiming The Body Through Creation/Les Femmes Artistes Françaises : La Réclamation Du Corps À Travers La Création, Liatris Hethcoat

Student Scholar Symposium Abstracts and Posters

The research I have conducted for my French Major Senior Thesis is a culmination of my passion for and studies of both French language and culture and the history and practice of Visual Arts. I have examined, across the history of art, the representation of women, and concluded that until the 20^th century, these representations have been tools employed by the makers of history and those at the top of the patriarchal system, used to control women’s images and thus women themselves. I survey these representations, which are largely created by men—until the 20^th century. I discuss pre-historical …

Welcome To Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

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 …

Agents Of Justice: Female Plaintiffs In The King’S Court In Thirteenth And Fourteenth-Century England, J. Savannah Shipman

Masters Theses

It has often been assumed that medieval women, noble or common, had little or no agency, were forced into submissive roles by dominating men, and had little control over their day-to-day lives. Theoretical statements about law served to support these assumptions as they forbade women from prosecuting men for any crimes other than the murder of her husband or for rape. Yet the records of the court proceedings before the king and his justices and the Calendar of Patent Rolls paint a very different picture. The sources themselves show that women regularly came to court to gain compensation and justice …

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …

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 …

Adams County History 2015

Adams County History

No abstract provided.

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

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 …

"Feminist Lawyers And Political Change In Modern France, 1900-1940." In Eva Schandevyl Ed., Women In Law And Law-Making In The Nineteenth And Twentieth Century Europe, Chapter 2. Aldershot: Ashgate, 2014: 45-73., Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

This research considers how French female lawyers participated in legal reform during the period from 1900 to 1940. Frenchwomen were admitted to the legal profession in 1900 by an act of parliament and this reform brought political implications in its wake. My research on the first cadres of female lawyers illustrates that that they were unusually political active. As unequal members of the profession and unequal citizens in the society many of these new professionals engaged in a vigorous defense of equality and justice.

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 …

"In Family Way": Guarding Indigenous Women’S Children In Washington Territory, Katrina Jagodinsky

Department of History: Faculty Publications

The cases discussed here represent very few of the guardianship arrangements that characterized intergenerational and interracial households in territorial Washington, yet the patterns they illustrate correspond with other evidence that allows historians to track the distribution of Indian and mixed- race children in the Puget Sound region. Th e 1880 federal census schedules for counties bordering the Puget Sound reveals the informal guardianship of Native women’s children in ninetytwo households. Among these extralegal arrangements were forty- two households headed by white men, some single like Ed Boggess and others married to white women like Phoebe Judson, who classified the indigenous …

Popular Legal Journalism In The Writings Of Maria Vérone, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Die Frauen, Der Strafvollzug, Und Der Staat: Incarceration And Ideology In Post-Wwii Germany, Andrea Moody Kozak

Scripps Senior Theses

This thesis explores how the material reality of Germany's women's prisons has been largely determined by their ideological foundations, and by the historical developments that have produced these ideologies. The German women's prison system is complex and imperfect, yet in many ways very progressive. It is the result of the last sixty years of tumultuous German history, and has been uniquely shaped by the capitalist and communist histories of the once-divided state. In its current state, it seems to have incorporated elements of a supposedly “rational” or individualistic conception of humanity as well as one that is relational and interdependent, …

Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

"If, as has often been contended, truth is the first casualty of traditional warfare, then logic, it appears, is the first casualty of sexual warfare." And with that thematic statement in hand, author Bill Neal is off to the proverbial races with an often delightful, sometimes troubling, and generally entertaining legal discourse on the so-called "unwritten law": that a cuckolded husband or a woman wronged has the God-given right to avenge or be avenged, even to redress by murder. With a curiously dispassionate, or at least overly serious, foreword by Cal State-Fullerton professor Gordon Morris Bakken, Neal's tales of adultery, …

Law, History, And Feminism, Tracy A. Thomas

Akron Law Faculty Publications

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …

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 …

New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Two Cases Of Apostasy In Dubno In 1716 Jews, Christians, And Family Life, Magda Teter

Early Modern Workshop: Resources in Jewish History

This text relates a trial of two Christian women who accepted to Judaism that took place in the city of Dubno in eastern Poland in 1716. The text presented here comes from a collection of primary sources published in Kiev [now Kyiv] in 1869, as part of effort by scholars at the time to collect and publish primary source materials about Ukraine. The collection is called Arkhiv Iugo-zapadnoi Rossii, or The Archive of South-Western Russia, and contains documents from the South-Western part of Ukraine.

This presentation is for the following text(s):

• Two Cases of Apostasy in Dubno in 1716

“The First Duty Of Nature Is To Preserve Life” A Jewish Woman’S Plea For Divorce In Late 18th-Century Trieste, Lois Dubin

Early Modern Workshop: Resources in Jewish History

The presentation discusses a letter from Relle [Rachele] Morschene (1770-1844) of Trieste to Chief Rabbi Raffael Natan Tedesco, written in the throes of her three-year long effort to extricate herself from her marriage to husband Lucio Luzzatto (1755-1801). From 1793 to 1796, Morschene pursued separation and civil divorce through the Habsburg courts at the same time as a Jewish religious divorce. Indeed, she was one of the first European Jewish women to seek and obtain a civil divorce. Her legal situation was novel because Jews in the Habsburg Monarchy were among the first to be subjected to civil marriage regulation …

Jewish Women And Economic Encounters With Christians, Debra Kaplan

Early Modern Workshop: Resources in Jewish History

R. Yair Hayyim ben Moses Samson Bacharach (1638-1702) is well-known for his knowledge of halakha and Kabbalah. Over the course of his lifetime, he served as the rabbi in several locations in the Holy Roman Empire. In these two responsa, Bacharach deals with one of the halakhic problems surrounding women’s trade with non-Jews. Such trade inevitably caused women to enter into seclusion (yihud) with non-Jews, especially since according to Jewish law, the presence of the non-Jew’s wife did not alleviate the prohibition of seclusion with a non-Jew.

This presentation is for the following text(s):

• Havvot Yair, Responsum 66
• Havvot Yair, …

Unequal Opportunities The Economic Possibilities Open To Jewish Women In 18th Century Poland-Lithuania, Adam Teller

Early Modern Workshop: Resources in Jewish History

The following texts present an image of economic opportunities, and gender roles in Jewish society in eastern Europe. The first text is an 18th-century supplication by a Jew, Bunim Szlomowicz, against his wife; the second is a 1751 decree by the Council of Lithuania regulating women's roles in trade.

An Early 17th Century Ketubah From Sefer Tikun Sofrim By Rabbi Itzhak Zabakh, Ruth Lamdan

Early Modern Workshop: Resources in Jewish History

In Jewish Law, the halakha, there is an extensive importance to the accurate scribing of legal documents (shtarot). Any slight deviation from the standard formula of one word, or even of one character, might invalidate a formal bill or cancel a personal or commercial obligation. The importance bestowed on each word encouraged many famous rabbis to write and edit books of standard legal bills, and Hebrew scribes used to copy samples of bills for their personal use in the future. Qualified scribes made exemplary collections of documents for their students, and young trainees would copy such samples – as well …

Emancipation Through Secularization: French Feminist Views Of Muslim Women’S Condition In Interwar Algeria, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

Cet article examine la condition des musulmanes algériennes telle que vue par des féministes françaises entre les deux guerres mondiales. Une série de colloques nationaux et internationaux dans la région méditerranéenne analysa les limitations imposées sur les filles et les femmes musulmanes par la tradition patriarcale et s'adressa au gouvernement pour demander des réformes. Cet article démontre que ces féministes françaises approuvaient la « mission civilisatrice » de la France et conseillaient des mesures visant la modernisation, « le progrès » et la laïcité en Algérie. Alors que ces féministes orientalistes critiquaient le Code Civil de 1804 comme une source …