Legal Commons^™

Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi

Media Collection

No abstract provided.

Gay Man Denied Marriage License Hopes To Unseat County Clerk, Adam Beam

Media Collection

No abstract provided.

Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg

Media Collection

No abstract provided.

The History Books Tell It: Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Publications and Research

This article presents a history of collective bargaining in higher education during and just after World War II, decades before the establishment of applicable statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions. The article also examines the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty, teachers, and instructors. The first known collective agreements applicable to faculty, teachers and instructors, were negotiated by those unions before UPWA was destroyed during the …

Candidates Flock To Courthouse To File For 2018 Election, Brad Stacy

Media Collection

No abstract provided.

Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News

Media Collection

No abstract provided.

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 …

The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno

Dissertations, Theses, and Capstone Projects

Shorter working hours drew much attention as a means of fighting unemployment and crisis in capitalism during the first half of the twentieth century. Nowadays, shorter work-time is rarely considered a policy option to fix economic or social issues in the United States and Japan. This dissertation presents a history of work-time regulation in the United States and Japan to examine how and why its developments and stalemate took place.

In the big picture, developments of work-time regulation during the first half of the twentieth century were a part of concessional modifications of class relations, a common phenomenon in many …

Courts And Executives, Jeffrey L. Yates, Scott S. Boddery

Political Science Faculty Publications

William Howard Taft was both our twenty-seventh president and the tenth Chief Justice of the U.S. Supreme Court -- the only person to have ever held both high positions in our country. He once famously commented that "presidents may come and go, but the Supreme Court goes on forever" (Pringle 1998). His remark reminds us that presidents serve only four-year terms (and are now limited to two of them), but justices of the Supreme court are appointed for life and leave a legacy of precedent-setting cases after departing the High Court. Of course, presidents also leave a legacy of important …

A House Of Cards: Free Banking In Antebellum Chicago, Miles J. Holtzman

Business and Economics Summer Fellows

The Chicago free banking market of the antebellum period has more than once aroused the interest of historians and economists alike. Implemented in the state of Illinois in 1851, free banking was a common, though not universal occurrence in the United States at the time. The city of Chicago’s experience with free banking was anything but common, however. Within the first 18 months after the Illinois legislature enacted the Illinois Free Banking Law, 9 free banks had begun operation in Chicago and between them had an aggregate note issue of over $800,000. But by 1860, Chicago was home to but …

Bloody Bay: Grassroots Policeways, Community Control, And Power In San Francisco And Its Hinterlands, 1846-1915, Darren A. Raspa

History ETDs

“Bloody Bay: Grassroots Policeways, Community Control, and Power in San Francisco and its Hinterlands, 1846–1915” follows the history of San Francisco’s spectrum of formal and informal policing from the American takeover of California in 1846 during the U.S.–Mexico War to Police Commissioner Jesse B. Cook’s nationwide law enforcement advisory team tour in 1912 and San Francisco’s debut as the Jewel of a new American Pacific world during the Panama Pacific International Exposition in 1915. These six decades functioned as a unique period wherein a culture of popular justice and grassroots community peacekeeping were fostered. This policing environment was forged in …

"The Engine Of Free Expression": The Political Economy Of Copyright In The Colonial British Atlantic And Early National United States, Nora Slonimsky

Dissertations, Theses, and Capstone Projects

In 1985, the Supreme Court of the United States concluded that copyright was included in the Constitution in order to serve as the “engine of free expression.” By providing economic incentive to drive artistic and scientific innovation, the nation received essential information and other tools of learning necessary to make sound political decisions. However, transnational copyright disputes, then and now, frequently resulted in complex and often contradictory understandings of free expression. The formation of copyright in America was thus a far more complex story, and it is that story that forms the basis of this project.

Amidst the many moving …

Following The Spirit Of The Law: Col. Eberhard P. Deutsch And The Legal Division Of United States Forces Austria, 1945-1946, Peter J. Casey

LSU New Orleans Theses and Dissertations

As World War II neared its end in Europe, the Allied powers faced a difficult situation with the occupied nation of Austria. Considering the complicated Austrian relationship with Nazism, the Allies had to decide how the nation would be liberated, occupied, and rehabilitated. Almost instantaneously, the United States, Great Britain, and France became at odds with a vengeful Soviet Union seeking to build a defensive shield of Communist European client states that included Austria. This study will show that as the head of the American Legal Division, Col. Eberhard P. Deutsch, United States Army, was instrumental in the reformation of …

The Nuremberg Trials As A Form Of Transitional Justice, Nicholas A. Richey

History

No abstract provided.

Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller

Political Science Student Scholarship

This thesis examines the legal work required to establish a sufficient lawfare defense by focusing on the Department of Defense Judge Advocate Generals’ Corps (JAG Corps). The work will describe the JAG Corps as a well-trenched bureaucracy with a moral mission to uphold the military’s honor through laws, and how this was interpreted by the Bush and Obama administrations.

The Trials Of Louis Benecke, David Alan Whitby

Graduate Theses/Dissertations

The Civil War was the bloodiest war in American history, and the country felt its impact in many ways. One of those ways was in the expansion of the pension system. The scale of the war left thousands of wounded soldiers in need of care, and a government that recognized its duty to help. In this thesis, I examine the new pension laws that not only benefitted veterans, but also their dependents. Women and children were included within the laws of the ever changing and expanding pension system. This system was not just for white veterans, but also for African-American …

The Interconnection Between Law And Christianity In Medieval England, Maria Isabel Caplazi

Young Historians Conference

In England, the influence of Christian morals and beliefs grew rapidly during the medieval era. Religious beliefs were evident in literature, laws, as well as social hierarchy. The extent of religious influence on medieval English law is undeniable, however historians have yet to attain a full understanding of religious reach because of institutionalized relativism -- the concept that varying environments affect how social regulations are established in their area. This paper discusses two of the most prominent ways Christianity influenced medieval English law -- through direct influence on laws themselves as well as religious impact on the individual administrators of …

Commentary: Will The Courts Make Trump's Presidency Less Imperial?, Allen C. Guelzo, James H. Hulme

Civil War Era Studies Faculty Publications

Nearly three months ago, Donald Trump assumed a presidency that, for more than a century, had grown seemingly endless discretionary powers. And he did so in company with Republican majorities in Congress and in 32 state legislatures -- all of which should have made his decisions unassailable.

Instead, he has been stymied and embarrassed by resistance from a federal judiciary that has twice halted executive orders on the most prominent issue of his presidential campaign. So, will the federal judiciary become the wall against which Trump bleeds away the power not just of his own presidency but of the “imperial …

Commentary: California Secessionists Channel Logic Of Southern Slaveholders, Allen C. Guelzo, James H. Hulme

Civil War Era Studies Faculty Publications

'Thursday night the streets were filled with excited crowds. No one talks of anything but the necessity for prompt action. . . . It is hardly prudent for any man to express his opinion adverse to immediate secession, so heated are the public passions, so intolerant of restraint is the popular will."

You would probably assume that this report came from California in the wake of the 2016 election, right? After all, Alex Padilla, the California secretary of state, has now authorized the Yes California Independence Campaign to begin collecting signatures for a state referendum on California's secession from the …

The Jacksonian Conservatism Of Rufus P. Ranney The Politics And Jurisprudence Of A Northern Democrat From The Age Of Jackson To The Gilded Age, David M. Gold

Ohio University Press Open Access Books

Ohio’s Rufus P. Ranney embodied many of the most intriguing social and political tensions of his time. He was an anticorporate campaigner who became John D. Rockefeller’s favorite lawyer. A student and law partner of abolitionist Benjamin F. Wade, Ranney acquired an antislavery reputation and recruited troops for the Union army; but as a Democratic candidate for governor he denied the power of Congress to restrict slavery in the territories, and during the Civil War and Reconstruction he condemned Republican policies.

Ranney was a key delegate at Ohio’s second constitutional convention and a two-time justice of the Ohio Supreme Court. …

Florida's Workers Compensation Law: The Pendulum Swings, Ursula Hirsch

Honors Undergraduate Theses

The intent of this paper is to discuss how the recent court rulings on the current workers compensation statutes will impact the rules to Florida’s workers compensation laws.

Workers Compensation system is a social justice system that protects both the employer and employee. Employees that are injured while in the course and scope of their employment give up the right to sue, making workers compensation an exclusive remedy. In exchange for giving up that right, the injured worker receives statutory benefits in a no-fault system.

This paper covers the legislative changes over the years that have impacted the constitutionality of …

Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams

Honors Program: Student Scholarship & Creative Works

My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure” …

Lost & Found: Order In The Court -- The Party Game, 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.

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 in our pluralist democracy.

The second game in the series, Lost & Found: Order in the Court …

Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt

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.

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 in our pluralist democracy.

The first game in the series is a strategy game called Lost & …

How The Willowbrook Consent Decree Has Influenced Contemporary Advocacy Of Individuals With Disabilities, Kristen S. Addessi

Student Theses

The existence of the Willowbrook State School was a culmination, of over a one-hundred-year history of Western society’s attempts to provide adequate care, and treatment for individuals with disabilities. The residents housed there, suffered violations of their human and civil rights in various forms of severe abuse, neglect, and violence. Following a three-year legal battle in 1975, as a result of the travesties that occurred, the legal doctrine known as the Willowbrook Consent Decree was written. The Consent Decree was implemented to ensure that the residents’ human and civil rights are met and protected. The Willowbrook State School and the …

Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron

CMC Senior Theses

The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …

Finders Keepers: How Prize Laws Affected The Common Sailor In The Late 18th Century, Brooke Barber

Summer Community of Scholars Posters (RCEU and HCR Combined Programs)

No abstract provided.

Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris

All Faculty Publications

Property rights, wrote Morris Cohen in 1927, are delegations of sovereign power. They are created by the state and operate to establish limits on its power. As such, the allocation of property rights is an exercise of sovereignty and a limited delegation of it. Sixty years later, Joseph Singer used Cohen’s conceptual framing in a critical review of developments in American Indian law. Where the US Supreme Court had the opportunity to label an American Indian interest as either a sovereign interest or a property interest, he argued, it invariably chose to the disadvantage of the Indians. Within Canada, Indigenous …

Defining “Justice” In Post-Conflict Societies By Exploring The Case Of The Armenian Genocide., Narek Ghazaryan

Master's Theses

This study examines the many different approaches towards justice in post-conflict societies. It analysis the two main theories of justice and uses the Armenian Genocide as a case study to comprehend what constitutes justice in the aftermath of a humanitarian crisis. This study aims to define “justice” by the Armenian population in forms of surveys and expert interviews. It is the community who is directly impacted by the crisis can indeed identify what justice mean to them. For a society to heal in the aftermath of conflict justice needs to be served in order to restore peace and harmony. For …

From Love Canal To The Flint Water Crisis: Government, Public Opinion, And Environmental Crises, Sarah Hughey

Honors Theses

After the rise of the modern-day environmental movement, environmentalism in the United States focused more and more on issues and crises related to the areas in which people lived and to the aspects that impacted public health. In particular, the crisis at Love Canal in Niagara Falls, New York during the late 1970s and early 1980s provided a starting point to the awareness and activism of modern environmental history. Recently, an environmental crisis related to drinking water occurred in Flint, Michigan in the mid-2010s that showcases how various aspects of the environmental movement have developed over time since the Love …