Legal Commons^™

Left Or Right, Loyal Or Disloyal: Ideology, Partisanship, And Empire In The Construction Of Interwar Japanese American Politics, Vivian Yan-Gonzalez

Asian American Studies Faculty Articles and Research

This article examines the first cohort of Japanese American voters in California in the interwar years, in order to explore the construction of racialized parameters on Japanese American political agency. Inter-imperial competition between the United States and Japan over the future of the Pacific, along with the popular and legal linkage of race and citizenship, produced a persistent distrust of Japanese American voters. Although Japanese Americans shaped their political strategies to appease these suspicions, militarized state demands for loyalty after the attack on Pearl Harbor sharply contracted their options from a range of diverse ideologies and partisanship to a narrow …

The Devil’S In The Details: Opposition To Demonology In Early Modern Europe, Abigail Pickard

The Purdue Historian

Common assumptions that believers of witchcraft in the early modern period were uneducated fanatics overgeneralize the complex interplay of early modern science and theology. The study of demons, known as demonology, was considered a science. It was a respected field that was studied and debated. Theologians scrutinized, defended, and revised demonological theories. Thinkers turned over foundational concepts and split hairs over the fine details of theology. Since educated scholars were considered authorities on demonology, they repeatedly wrote, talked, and theorized about the topic in a similar fashion to other ideologies of the early modern era. Due to this, authors of …

Beyond Borders: The Lubomirski Dürers And The Global Debate On The Ethics Of Art Restitution, Gabriela Bloch

Senior Theses

Despite the validity of national heritage claims and the legal principles governing ownership, the most ethical resolution to the restitution of the Lubomirski Dürers lies in a global collectivist approach. By prioritizing accessibility to the largest possible audience while acknowledging historical injustices, universal museums can serve as platforms for education and cultural exchange. This approach not only mitigates the exclusivity inherent in nationalist or legalistic solution, but also advances a shared human heritage that fosters global understanding and reconciliation.

Industrialization And Immigration: Latino And Hispanic Immigrants In The South Carolina Upstate, Matthew D. Girardeau

All Theses

European investment in the South Carolina Upstate created favorable conditions for Latino immigration. French tire manufacturer Michelin came to the region in the 1970s, and the construction of the largest BMW plant in the world in the 1990s greatly impacted the local economy. The Upstate had a history of outside investment, beginning with Northern industrialists in the textile industry and later European companies that provided equipment for textile mills. The automotive industry did not necessarily employ Latinos, but the money generated by the sector created booming construction and service industries. Latinos built a community in western Greenville County and established …

Forced Sterilizations And Reproductive Control: A Legacy Of Eugenics And White Supremacy In The United States, Bshara Alsheikh

Electronic Theses, Projects, and Dissertations

Women of color have suffered racial reproductive abuse by the hands of government-funded white supremacist institutions. From federal government agencies to the highest court of the land, they have all played a crucial role in the reproductive oppression of women of color and have failed to protect their bodily autonomy. This thesis examines legal cases like Buck v. Bell, Madrigal v. Quilligan, and Relf v. Weinberger to showcase how the bodies and reproductive capacities of women of color have been targeted and controlled under the guise of public health, to advance supposed economic stability, and through a racially charged eugenics …

The Rise And Fall Of The Contagious Diseases Acts: An Examination Of The Legislative Influences, Medical Discourse And Repeal Arguments, Elizabeth Henderson

All Theses

The Contagious Diseases Acts (CDA) were the most important legislative intervention concerning sexuality in the nineteenth century. The CDA was a public health measure passed to address the spread of venereal disease amongst the British Army and Navy, and targeted Britain's most vulnerable women – sex workers – because they were blamed for being the presumed cause and primary mode of spreading venereal disease. This resulted in the legalization of what critics of the CDA would call surgical assault, or instrumental rape, of working-class women suspected of being sex workers. Historians who study sexuality and sex work in Britain have …

Displacement And Dreams: The Loss Of Home In A New South Town, Dora Helen Impson

All Theses

Despite much research regarding the experience of white city dwellers of Greenville, South Carolina, in the twentieth century, telling the stories of the city’s Black neighborhoods still remains to be done. This thesis chronicles the Black neighborhood of Little Texas, which was found northeast of the city’s central business district from its inception in the 1870s to its demise in the 1970s. By situating the city’s efforts to restrict and limit Black spaces within the historical framework of nationwide efforts of residential segregation ordinances, racially restrictive covenants, and city planning, this thesis argues that Greenville followed many other cities in …

From Tragedy To Triumph: Maine’S Lgbtq+ History (1984-2005), Aidan King '25

All Student Scholarship

Maine’s LGBTQ+ history may be very rich, but true acceptance was an uphill battle. For decades, queer residents of Maine fought for equal rights in the state. The Stonewall riots in 1969 in New York City were an early sign that LGBTQ+ citizens were not going to continue to let their identities be suppressed, but as the years progressed, so too did the confidence of queer people to be open about their identities, including in Maine. In 1973, at the University of Maine, the Wilde-Stein Club was established, to the deep chagrin of homophobic fundamentalist preachers whose protests against the …

The Overlooked Civil Rights Movement In South Carolina, Brooks R. Hammett

GLI MA in American History Student Works

This paper examines the overlooked but critical role of South Carolina in the Civil Rights Movement, highlighting the contributions of student-led activism, landmark legal cases, and influential grassroots leaders. Focusing on Historically Black Colleges and Universities (HBCUs) like Claflin University, Allen University, Benedict College, South Carolina State University, and the Avery Institute, the study explores how students catalyzed local movements through sit-ins, marches, and organized protests. It also investigates the legal and social ramifications of desegregation efforts following Brown v. Board of Education, including the resistance from public institutions and the emergence of segregation academies. Key civil rights events—such as …

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.

Life, Liberty And Property: Property As A Weapon Utilized Against Native Peoples And As A Tool To Strengthen Native Sovereignty In The Upper Midwest, Jacob R A Ludwig

HS 390 Primary Research Papers

While many Americans today recognize the continuing paternalism of the federal government towards Tribal governments, much still remains unknown to the public regarding the specific laws, policies and treaties that have provided the continuing legal authority for this paternalism. Throughout American history, the relationship between the federal government and Native American tribes can be seen through the use of violence both in law, and outside of it. Treaties, the basis for removal, have been used by both the federal government and subsequently tribal governments to assert their authority over land. In the Upper Midwest, various Anishinaabe tribes signed several treaties …

Rolling The Dice: The History Of Indian Reservation Gambling In The Upper Peninsula, Xavier Binkley

HS 390 Primary Research Papers

The History of Indian reservation gambling in the Upper Peninsula is of a struggle for expectance from the state government, and of the people in the state. The positive economic gain of states being one of the reasons behind why the rise of the gaming industry needed to happen. With the passing of The Indian Gaming Regulatory Act helping the regulation of reservation gambling and breaking down what was not allowed under the act. Newspapers and an interview with Frederick Dakota, give a personal look into the rise of the gaming industry and the struggle that the people were having …

The Forgotten Fundamental Right To Free Movement, Noah Smith-Drelich

Northwestern University Law Review

There is a powerful fundamental right hiding in plain sight: the fundamental right to free movement. This right goes beyond the consistently acknowledged—though infrequently applied—fundamental right to interstate travel. The true scope of the Constitution’s protection of movement through substantive due process safeguards local, interstate, and international travel. Though overlooked today, the fundamental right to free movement has deep roots in history and tradition, and in the decisions of numerous state and federal courts, including the Supreme Court.

This Article is the first to examine freedom of movement using the history and tradition test for unenumerated fundamental rights. This Article …

True Law As Genre: Narrative Nonfiction And The Law, Jorge L. Contreras

Texas A&M Journal of Property Law

The Genome Defense, which offers a book-length narrative nonfiction account of the civil litigation that led to the elimination of patents on human genes in the United States, is a member of a distinct literary subgenre that I term True Law. Like the older and better-known True Crime genre, True Law narratives blend the conventions of journalism and novelistic writing to describe complex legal disputes in a manner that is engaging and accessible to the general public. True Law accounts, which have increased in number and popularity since the publication of Jonathan Harr’s A Civil Action in 1995, serve …

What Is An American? A History Course Proposal, Nathan Walsh

SPARK Symposium Presentations

“What is an American? A History Course Proposal” is designed to be an introductory college-level course that encourages interest in history among the students and develops critical thinking skills throughout the course. That also implements and combats the use of AI in the classroom through a practical and beneficial strategy. The course content focuses on the cultural and legal history of American citizenship and immigration in the United States.

Iii.A.2 Displacement & Barriers To Home Ownership, Kim Rostan, Bria Harper, Jim Neighbors, Mark Byrnes

Crafting Democratic Futures

This document explains how systemic racism and discriminatory policies from the Civil War & Reconstruction period through the 20th century prevented African Americans in Spartanburg from building wealth through land ownership and home equity. It details barriers such as Black Codes, sharecropping, convict leasing, exclusion from New Deal programs, discriminatory housing policies, and urban renewal projects that displaced Black neighborhoods without providing equitable opportunities for economic advancement.

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.

Courting Bias: Effects Of Gender Socialization And Judges' Genders On Litigants And The Judiciary, Ellie Barmes

Indiana Journal of Law and Social Equality

No abstract provided.

Healing Communities With Police Divestment: Seeking Abolition Through Transformative Reform And Community-Government Collaboration, Jessica E. Gillson

Undergraduate Honors Theses

Concerns about the efficacy and sustainability of the U.S. carceral system have persisted throughout the country’s history, recently fueling renewed activism and bipartisan calls for reform. However, proposed solutions remain divisive. This thesis first defines the current status of our prison systems, then explores collaborative alternatives to incarceration and policing that support communities and break cycles of incarceration.

Focusing on partnerships among local governments, community organizations, justice-involved individuals, and law enforcement, this study examines holistic approaches to crime prevention, reentry, and reintegration. Using an interdisciplinary framework incorporating restorative justice, community resilience, and systems theory, it investigates how community-based strategies can …

“It Is The Greatest Shame In The World”: Tomás Cerdán De Tallada’S Pioneering Analysis And Critiques Of Jails In The Spanish Golden Age, Riley Emerson Carney

Undergraduate Theses, Professional Papers, and Capstone Artifacts

During the 16^th century, prisons as we know them did not exist in Spain nor in most of Western Europe. Jails, as a temporary place to hold criminals before their trial, did exist but were quickly filling up with a wave of new criminals and debtors. This system of jails was poorly organized and poorly understood until Tomás Cerdán de Tallada wrote his treatise Visita de la carcel, which was the first in Spain to analyze the system of jails as a whole, and one of the first to offer criticisms of the system. Core to Cerdán’s understanding …

Advocacy Across Divides: Attorney Aaron L. Buchsbaum In Savannah, Georgia, 1963-1969, Sydney Jolene Kelly

College of Graduate Studies: Theses & Dissertations

This thesis explores the early life and career of Aaron Levy Buchsbaum, a Jewish lawyer from Savannah, Georgia. Buchsbaum's Jewish family upbringing, Southern childhood, and legal education all combined to mold him into an individual who used the profession to support those facing unjust treatment by the Savannah-Chatham County court system. By focusing on three of Buchsbaum's legal cases involving the Civil Rights Movement and his partnership with humanitarian organizations, this thesis contextualizes local conflicts in Savannah in the 1960s. Rather than safeguard the civil rights of all citizens, these cases demonstrate that the authorities, including judges, district attorneys, and …

The Mythic Seeds Of Human Rights, Joshua Mackenzie Luna

Graduate Theses/Dissertations

In this thesis, I propose a causal relationship between ancient societies’ mythic corpuses and their law codes. I begin by presenting the histories and historiographies of ancient Israel and Mesopotamia to highlight important themes in their development. Then, I place their creation and flood myths side-by-side for comparison, yielding key differences in the way each group conceptualizes human form, value, and purpose. Once these key differences have been established, I compare each group’s set of slave laws to demonstrate how each law code remains philosophically consistent with its respective set of myths and diametrically opposed to the set from the …

Preventing Chemical And Biological Attacks: Enhanced Threats Requiring Enhanced Solutions, Alex Elliot Ottoni-Belval

Graduate Theses/Dissertations

Chemical weapons (CW) and biological weapons (BW) are becoming more dangerous for experts to employ and more accessible to amateurs. Despite CW and BW attacks throughout history that killed and maimed millions of people, the international community has failed to establish meaningful consequences to prevent them. Agreements such as the Chemical Weapons Convention and the Biological Weapons Convention vow to eliminate and reduce the effects of CWs and BWs but lack respected response precedents and capabilities. The limited and inconsistent enforcement has inadvertently allowed CWs and BWs to become plausible weapons, especially to gain asymmetric advantages, while modern developments exasperate …

Feminine Felons: Violent Offenders' Intersectional Experiences In Twentieth-Century Montana, Cassidy Ann Vander Voort

Graduate Student Theses, Dissertations, & Professional Papers

This paper explores the treatment of violent female offenders in Montana in both the media and prison system from 1900-1960. Women of all races faced gender discrimination from both the carceral system and popular media. Local newspapers sensationalized crimes committed by female offenders, portraying them as women who lived outside of the expectations of womanhood in the twentieth century. Newspapers and courts placed women into two categories: “mad/sad” female offenders, who received forgiveness for their crimes; or unforgivable, “bad” offenders. Crime did not determine these categorizations; instead, gender expectations of the white middle class shaped female criminals’ treatment. If these …

Italians, Finns, Methodists, And The Klan: A Look Into The Complex Identities And Relationships That Were Prominent In The Upper Peninsula During The 1920s, Piper R. Kraft

HS 390 Primary Research Papers

This essay focuses on the Upper Peninsula of Michigan in the 1920s and the resurgence of the Ku Klux Klan. Using interviews from the Italian Oral History Collection, this essay explores the relationship between Italians, Finns, and the KKK. Rather than focusing on labor relations, this essay explores how these groups saw exogamy, the value placed on maintaining one’s religious connection and perceived racial identity. This research touches on the intersectionality of racialized ethnicity, religion, and class, concluding that the predominantly Methodist KKK would be more open to relationships, both personal and professional, with Finnish immigrants, even though they do …

0892: The Gregg Family Papers, 1940-2024, Marshall University Special Collections

Guides to Manuscript Collections

Anna Catherine “Kay” Kelly Gregg was born in 1920 in Dawson, West Virginia, to Aldridge James Kelly and Mary Leah Lowry. She was raised in Huntington, West Virginia, alongside her four siblings: James Thompson Kelly, Franklin C. Kelly, Bonna Kelly Paul, and Jeanette W. Kelly Scheerer. Kay enrolled at Marshall College in 1940 and completed her Bachelor of Arts degree from the Teachers College on September 12, 1944.

Harrison “Harry” Humphreys Gregg was born in Cincinnati, Ohio, to Daniel B. Gregg and Rebecca Humphreys. He attended the University of Cincinnati and later met Kay Kelly while visiting Huntington. The two …

Federal Election Commission And Indiana Secretary Of State Campaign Finance Information Resoures, Bert Chapman

Libraries Faculty and Staff Presentations

This presentation covers campaign finance information resources produced by the Federal Election Commission (FEC) and Indiana Secretary of State. It describes how these agencies began, details how they oversee and regulate U.S. federal and Indiana state elections, and documents contributions made by individuals, organizations, political parties, and political action committees to individual candidates and organizations. Reporting documentation on these election races is also included.

Gladys Mitchell House Collection, Dan Bonenberger, Jaclyn Panter, Katherine St. Amand, Ian Tomashik, Kate Zorn

Digital Heritage Preservation Collection

This collection explores the life of Gladys Mitchell and the home she shared with her family on Detroit's Eastside. Gladys and her husband, Ossian Sweet, lived with her parents Benjamin and Rosella in a residence on 9322-24 Cairney Street from 1922 to 1925 before moving to the now-historic bungalow at 2905 Garland Street, located about a mile southeast. In 1925, when the Sweets moved into an all-white neighborhood, their experience led to a landmark Supreme Court case that affirmed African Americans' rights to homeownership, including the right to defend their private property.

Benjamin Mitchell and his wife, Rosella, rented the …

Using The Colonizers’ Own Weapons: The Politics Of Equality, Freedom, & Integration In Advocacy Against American Indian Termination, Eliza Kravitz

Swarthmore Undergraduate History Journal

Beginning in the early 1950s, the United States Congress enacted a program of “termination” of American Indian tribes. By eliminating the special relationship between tribes and the federal government, termination aimed at the full assimilation of American Indians into U.S. society. Government proponents advocated for termination using the language of equal rights, freedom, and integration. Previous scholarship has shown that anti-termination advocates, by contrast, appealed to the internationalist Cold War language of development, self-governance, and global decolonization to resist termination. These same leaders also invoked the civil rights language of termination’s proponents, however. Their arguments illustrated how the federal government …