Legal Commons^™

A Quarter Century Of Scholarship: Trends In The St Mary’S Law Scholar’S Journal, Trenton Boudreaux

Capstone Projects

This project catalogs the trends of the articles published in The Scholar: St Mary’s Law Review on Race and Social Justice. Over its 25-year history, The Scholar has published 26 volumes discussing issues related specifically to minority and social justice issues. The project catalogs the topics covered in the volumes, and explores this data for historical trends. The project posts these results on the St. Mary’s Law School History page and provides historical context for some of the topics covered. This information provides a valuable resource for researchers into The Scholar as a publication.

From 1957 To 2023: How The Supreme Court Prevented Little Rock Schools From Achieving The Ideal Of Desegregation, Nyssa Kruse

Indiana Journal of Law and Social Equality

No abstract provided.

Seeking Safety And Losing The Self: Affirmative Action Bans And The Whitening Of Mexican American Identity, Bella Bennett

Indiana Journal of Law and Social Equality

No abstract provided.

What Figures Lurk On Madame Elysé’S Path? Reflections On Philippe Sands’ The Last Colony, Diane Marie Amann

Scholarly Works

One person’s life forms the core around which Philippe Sands’ The Last Colony explores the events leading up to the advisory opinion on the Legal Consequences of Chagos Archipelago from Mauritius in 1965. That person is Liseby Bertrand Elysé, who was born in 1953 in Chagos, then forcibly removed to Mauritius in 1973. Her efforts to return home eventually brought her to a 2018 hearing at The Hague, where she spoke to the International Court of Justice bench by means of a subtitled video. This essay, which appears in a symposium issue on Sands’ book, investigates the ethics, the effectiveness, …

“Let Him Be Tried Before An English Jury; Let Him Be Tried Properly”: Race, Blackness, And English Justice In Mid- To Late-Victorian England, Hugo F. Stack

Student Scholarship

No abstract provided.

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 …

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of …

Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe

Student Publications

This paper begins with three major factors that set the stage for Shelby: first, a history of the VRA; second, an overview of Northwest Austin with a focus on how it led directly to Shelby; and finally, Shelby County’s motivations for bringing the suit. An examination of racial demographics compared to statistics on voter registration and minority officeholders in Alabama and Louisiana—two states originally subject to preclearance—follows in light of the Court’s claims on the matter. A conclusion will take a brief look at laws passed since Shelby with an eye towards a future critique. [excerpt]

"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 …

Race And Capital Punishment, Michael L. Radelet

Trotter Review

Whether it be lynching or legally-imposed capital punishment, the threat or use of death as a punishment has been a powerful means of class and race intimidation throughout American history. In the nineteenth century, statutes that explicitly considered race were not uncommon; in Virginia, for example, the statutes of 150 years ago listed five capital crimes for whites and 70 for black slaves. Today, historians interested in capital punishment use records of state compensations to slave owners to learn how many slaves were executed.

Us Survey Of Undergraduate Enrollment By Race, Nashville Christian Institute

Legal Documents

A survey of undergraduate enrollment by race of 35 colleges and universities in Tennessee that was used in the lawsuit of Obie Elie et al vs Athens Clay Pullias et al concerning the Nashville Christian Institute and Lipscomb College (now Lipscomb University).