Legal Commons^™

“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 …

Surveying Seattle Legal History: An Examination Of Judge Thomas Burke, Ashley Morrison

UCARE: Research Products

In the United States judiciary system, judges are assumed to be unbiased in their legal decisions on cases. In many cases, unfortunately, this is rarely the reality. By examining Judge Thomas Burke specifically, a survey of Seattle's legal environment can be revealed. From Judge Burke's connections with the railroad industry and protection of Chinese laborers during anti-Chinese riots reveals his desire for economic gain. With Judge Burke only presiding over two habeas corpus cases, neither dealing with anti-Chinese riots or the legality of Chinese laborers, no concrete conclusion can be drawn in that regard. Even still, Judge Burke's continued support …

Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard

Senior Honors Theses

This thesis examines the relationship between Islam, democratic government, and the governmental leadership of women in the Middle East, North Africa, and Turkey (MENAT). In order to understand female leadership in this region, the compatibility between Islam and democracy is analyzed. This occurs through the examination of Sharia Law and democratic principles within Islam. Furthermore, a statistical analysis of the successes of democracies in the region will be presented. Each nation will be categorized by the constitutional provisions entrusted to its female citizens. Thus, this thesis will present the legality of the political participation of women in each of the …

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.

The Political Development Of Capital Punishment In The Modern Moroccan State, Mia Barr

Independent Study Project (ISP) Collection

The modern Moroccan state seen today is very young. Having only been independent from France since 1956, the country has spent the last sixty-four years crafting its post-colonial statehood. What has emerged is a hybrid political system with powers split, however unequally, between the King and his inner circle, known as the makhzen, and the Parliament. Not only is the monarchy constitutional—meaning that its legitimacy is literally written into the primary governing document of Morocco, which had its last referendum in 2011—but it is also self-sustaining and self-legitimizing, for the monarchy uses its constitutional powers to grant itself further powers …

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Journal of Collective Bargaining in the Academy

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

The Legal Significance Of Custom In The Halakhic Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulchan, Shlomo C. Pill, Michael J. Broyde

Touro Law Review

No abstract provided.

Lost & Found: New Harvest, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

Set in Fustat (Old Cairo) in the 12th century, a great crossroads of Islam, Judaism, and Christianity. The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens …

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 …

Destroying Churches By Performing Knowledge: Ibn Al-RifʿA’S Kitāb Al-Nafā’Is Fī Adillat Hadm Al-Kanā’Is (700/1301) And The Social Negotiation Of Legal Authority, Gowaart Van Den Bossche

Faculty & Staff Publications

In 700/1301 the Cairene scholar Najm al-Dīn Ibn al-Rifʿa wrote a short juridical treatise entitled Kitāb al-nafāʾis fī adillat hadm al-kanāʾis in which he argued for the destruction of all churches and synagogues in Cairo. Some chroniclers report that this text was used to legitimise popular attacks on and the destruction of churches, but shortly thereafter, Ibn al-Rifʿa’s opinion was declared invalid by a council of prominent jurists. In addition to its juridical arguments for church destruction, several statements found in the treatise suggest that it was meant to function as a challenge to the author’s peers. I argue that …

“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 …

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.

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 …

Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.

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 …