Legal Commons^™

Film Review: The Trial Of Ratko Mladić, Iva Vukušić

Genocide Studies and Prevention: An International Journal

No abstract provided.

Saving Adele: A History Of The Portrait Of Adele Bloch-Bauer I, Ariel A. Furman

Quest

Individual Research Project

Research in progress for HIST 1302: United States History II

Faculty Mentor: Kyle Wilkison, Ph.D.

Nothing ruins an enriching intellectual experience quite like having it assigned. Consequently, Honors History 1302 students began by identifying their own passions and interests. They then chose topics of immediate and abiding personal interest and produced research projects that reflected that energy and commitment. Their research probed a marvelous variety of historical topics from culture, medicine, science, politics, and economics. They researched and wrote about anti-fascist American comic books during World War II, disturbing historic treatments for the mentally ill, advances in …

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 …

Making Discrimination Legal: A Comparison Of The Penal Laws In Ireland And The Nuremberg Laws And Other Laws In Nazi Germany, Gage Overton

Honors College Theses

The Penal Laws and the Nuremberg Laws were sets of legal codes which stripped away basic rights and civil liberties from Irish Catholics in the seventeenth and eighteenth century and German Jews in the 1930s and 1940s respectively. My research into these laws has allowed me to discover that the methods used by the English Crown and the Nazi German state to separate the groups targeted by their laws, as well as the circumstances which led to their implementation, were eerily similar, nearly identical. Besides this, they ultimately used this strategy as a way to justify the elimination of the …

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 …

Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Royalist Propaganda: Fabrication Of Magna Farta, Daniel R. Palthe

The Hilltop Review

This paper examines the perception and usage of Magna Carta in interregnum England. The central question is whether or not Oliver Cromwell ever referred to this royal document as the "Magna Farta." While one of the most common posthumous charges against him was a disdain for Magna Carta and English rights, accounts of his calling it a "Magna Farta" are questionable. The ways in which the Magna Carta was actually used under Cromwell rather seems to indicate a different opinion. Essentially, this paper compares royalist propaganda with the Commonwealth's accounts.

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 …

Time Traveling With Timelines: Web Apps For Storytelling In Libraries, Sharon Bradley, Rachel S. Evans

Articles, Chapters and Online Publications

From online embeds to interactive displays, timelines can serve many purposes and tell powerful stories. At the University of Georgia’s Law Library we have teamed up with faculty and staff to bring history to life, engage students, and preserve scholarly and institutional milestones. Through trial and error we have found a variety of tools for creating timelines digitally. In this article we share our four favorite web-based applications for creating timelines including Tiki-Toki, TimeToast, Prezi and Piktochart.

Cuckoldry And The “Gone For A Soldier” Narrative: Infidelity And Performance Among Eighteenth-Century English Plebeians, Elias Hubbard

Lawrence University Honors Projects

This project addresses existing historical arguments about the role of performance in eighteenth-century English plebeian infidelity cases, identifying some of the cultural scripts available to married men and women from popular texts in order to better understand cases of infidelity in contemporary plebeian marriages. The thesis seeks to clarify the effect of infidelity on a plebeian individual’s social standing and relationships, and to draw conclusions about the nature of plebeian infidelity, marriage, and gender in England through the long eighteenth century.

While examining contemporary public texts of cuckoldry, I address how homosocial behavior appears in narratives of cuckoldry, how the …

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 …

When The Courts Were Tripping: An Analysis Of Employment Division V Smith And Its Impact On Oregon Law, Lucy C. Adams

Young Historians Conference

A member of the Native American Church named Al Smith was fired from his job for using Peyote during a religious ceremony. He sued, and Employment Division of Oregon v. Smith was opened. Surprisingly, when the Supreme Court heard the case, they abandoned precedent for determining whether religious actions were permissible and ruled in favor of the state. The ruling was a setback for religious freedom, and particularly harmed minority religions. Other agencies stepped in to prevent Smith from decimating religious rights, but the Oregon Supreme Court officially accepted the Supreme Court’s ruling on the case, despite having ruled in …

The Examination Of Inconsistencies Among The Misconception, Ideology, And Reality Of The Punishment Of Male And Female Adulterers Through Letters And Court Records, Julie Ho Lely

Young Historians Conference

Due to the misogynistic roots of history, many scholars believe that female adulterers were punished more harshly than male adulterers; however, the wholistic examination of religion, gender norms, and medieval law reveal that despite the church’s ideology of equal condemnation of male and female adulterers, in reality, male adulterers were punished more frequently than women. By addressing the misconceptions, ideologies, and realities relating to adultery, this enables us to comprehend how social norms, law, and religion mutually influence each other while also revealing inconsistencies between the different fields. This paper focuses on adultery cases in the medieval times and examines …

Film Review: The Impure: An Abolitionist Documentary Film Of The 19th Century Traffic In Jewish Women, Caroline Norma

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

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 …

Profundity And Absurdity, Scott Culpepper

Faculty Work Comprehensive List

No abstract provided.

Divorce Experiences: What The 2004 Moudawana Does And Does Not Do For Women In Morocco, Beatrice March

Independent Study Project (ISP) Collection

In 2004, the parliament amended the original Moudawana, or Family Code, from 1958. Among the changes, they altered the laws regarding divorce. The 2004 Moudawana included new provisions for women to obtain divorces in an attempt to create more progressive and equitable laws. The process of divorce, however, is still unequal for men and women. Despite women’s social conditions improving under the 2004 Moudawana, discrimination against women within the Moroccan legal system continues to prevent women from accessing their rights. A complex legal system and general lack of knowledge about the law create an overwhelming experience for women who do …

In Defense Of Peace: Aron Trainin's Contributions To International Jurisprudence, Thomas Earl Porter

Genocide Studies and Prevention: An International Journal

The Soviet Union played a major role in the establishment of the International Military Tribunal (IMT) that tried Nazi Germany’s leaders for their criminal actions at Nuremberg. Only a handful of Western scholars have noted that the Soviets were early proponents of the use of the legal principle of conspiracy and in establishing the principle that a war of aggression in and of itself could be legally construed as a criminal act. And it was the brilliant Soviet jurist Aron Trainin who forcefully “advanced the idea of individual responsibility for international crimes…the realization of which was established during the course …

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 …

The Lehman Brothers Bankruptcy A: Overview, Rosalind Z. Wiggins, Thomas Piontek, Andrew Metrick

Journal of Financial Crises

On September 15, 2008, Lehman Brothers Holdings, Inc., the fourth-largest U.S. investment bank, sought Chapter 11 protection, initiating the largest bankruptcy proceeding in U.S. history. The demise of the 164-year old firm was a seminal event in the global financial crisis. Under the direction of its long-time Chief Executive Officer Richard Fuld, Lehman had been very successful pursuing a high-leverage, high-risk business model that required it to daily raise billions of dollars to fund its operations. Beginning in 2006, Lehman began to invest aggressively in real-estate-related assets and soon had significant exposures to housing and subprime mortgages, just as these …

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 …

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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.

The Slaughterhouse Cases: “Unforeseen” Consequences And Public Reaction, Gavin Jensen

Departmental Honors Projects

This Project focuses on the Slaughterhouse Cases, the ramifications of the Supreme Court decision, and the reaction to the decision from the public. The Slaughterhouse Cases were a series of cases originating in New Orleans around the year 1869. The white, French butchers inside the city of New Orleans had been creating a sanitary and health issue for the city for decades. The lack of ways to dispose of offal and inedible product mixed with general apathy from the butchers as to how their practices were impacting the city led to widespread cholera epidemics.

To solve this issue the newly …

Vi Et Armis: Londoners And Violent Trespass Before The Common Pleas In The Fifteenth Century, Lindsey Mcnellis

Graduate Theses, Dissertations, and Problem Reports (ETD)

Civil litigation in early fifteenth-century England encompassed a variety of actions, but only one writ covered acts of violence: trespass vi et armis. These writs, all before the central Court of Common Pleas, detail a variety of violent torts, or wrongs, such as housebreaking, theft, imprisonment, abduction, and assault. The Londoners who entered pleadings in this court between 1405 and 1415 have left a fascinating glimpse into both interpersonal violence and the world of savvy litigators. Through a close examination of eighty-two cases, I demonstrate that Londoners were knowledgeable litigants who used the Court of Common Pleas and its …