Legal Commons^™

The Legal Career Of Abraham Lincoln [Annotated Bibliography], Steven Fioretti

Undergraduate Research Award

No abstract provided.

Changing Public Policy And The Evolution Of Roman Civil And Criminal Law On Gambling, Suzanne B. Faris

UNLV Gaming Law Journal

In Ancient Rome, gambling, at least in the form of dice games, was generally considered a vice, yet the only known criminal statutes prohibiting it were only sporadically and selectively enforced. Otherwise, aside from a legal prohibition on the enforceability of gambling debts and some limited private rights of action, the Roman state as a whole displayed what can only be described as a “laissez faire” policy toward all forms of gambling. What we would now call “sports betting” was exempted from the statutory prohibition altogether. This remained the case well into the Christian period, when a general crackdown might …

Miller, John Goodrum, Sr., 1853-1936 (Sc 2613), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Small Collection 2613. Bound typescript volume of the “Memoirs of John Goodrum Miller” which details Miller’s relocation to Murray, Kentucky to practice law. Also includes commentary about the history of Kentucky, particularly the Pennyrile region. He relates historical events that impacted his life and his opinions on a variety of topics.

A Plea For Freedom: Enslaved Independence Through Petitions For Freedom In Washington D.C. Between 1810 And 1830, Trevor J. Shalon

Department of History: Dissertations, Theses, and Student Research

Between 1810 and 1830, over 190 petitions for freedom by African Americans went through the District Court of Washington D.C. The free African American community which had emerged following the American Revolution had been restricted in the beginning of the nineteenth century and the rights granted to free and enslaved African Americans were retracted. The methods by which enslaved African Americans had used to obtain their freedom were eliminated and more innovative methods would needed in order to continue the expansion of the free community.

As the nineteenth century progressed, as other methods were eliminated, the number of petitions issued …

"Sewing A Safety Net: Scarborough's Maritime Community, 1747-1765", Charles Foy

Faculty Research & Creative Activity

From 1747 to 1765 Scarborough created a safety net to keep its maritime dependents from becoming impoverished. A web of kinship connections that permitted sailors to move between land and sea as well as between maritime roles as they aged; the employment of maritime servants; the extensive hiring of elderly seamen; the use of the Seamen’s Sixpence after legislative reform in 1747 to develop locally operated seamen’s hospitals for the benefit of sailors and their families; and strong community support of the hospitals worked together to provide a social safety net that was, by eighteenth century standards, robust and effective.

Warren County, Kentucky - Court Records (Sc 2527), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 2527. Warrant (1822) to sheriff to take custody of a free mulatto man found in Warren County; certificates (2) and appointment (1) relating to slave patrols in Warren County (1824-1825); and undated power of attorney authorizing apprehension of a fugitive slave from New Orleans, Louisiana.

Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell

Scholarly Works

From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process” have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was …

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, …

Preface, Introduction, And Chronology: Gabriel's Conspiracy, Philip J. Schwarz

History Publications

Preface and Introduction to Gabriel's Conspiracy: A Documentary History by Philip J. Schwarz. Includes a six page Chronology (1776-1800) of the documented events of Gabriel Prosser's life, with emphasis on the slave rebellion of 1800.

From the Introduction, "Documents concerning the important 1800 plot of enslaved Virginians to rebel against slavery have appeared in such publications as the Calendar of Virginia State Papers, Michael Mullin's American Negro Slavery: A Documentary History, and as part of a Library of Virginia exhibit in 2000. But there has never been a publication devoted solely to the many documents associated with the events of …

Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance

Annual Interdisciplinary Conference on Human Trafficking: 4th (2012)

This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.

We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation of …

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

All Faculty Publications

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …

0793: Thomas J. Buffington Copy Of Savage Land Grant Survey, 1816, Marshall University Special Collections

Guides to Manuscript Collections

This collection consists of a handwritten manuscript copy by Thomas J. Buffington of the plots distributed by the Savage Land Grant as resurveyed by Tupper, including plot descriptions. The manuscript is sewn as a pamphlet binding and the end pages include sums and other miscellaneous notes.