Legal Commons^™

Popular Legal Journalism In The Writings Of Maria Vérone, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

The Political And Legal Uses Of Scripture, James W. Watts

Religion - All Scholarship

No abstract provided.

Morton, Oliver Hazard Perry Throck, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Biographical portrait and analysis of Indiana Civil War Governor Oliver Morton.

0809: John Taylor Collection, 1969-2007, Marshall University Special Collections

Guides to Manuscript Collections

Mr. Taylor is an attorney from Charleston, WV that fought for the legal and labor rights of workers across the United States. The majority of the people that Taylor represented were members of unions, including both the United Auto Workers [UAW] and the United Mine Workers of America [UMWA]. Taylor's clients fought to secure access to health benefits and the improvement of working conditions. A large portion of the collection centers on Black Lung cases in West Virginia. In 1982, Taylor and his colleagues organized a group of clients to travel to Washington, D.C. in order to attend the Black …

0814: C. H. Freeman Collection, 1877-1977, Marshall University Special Collections

Guides to Manuscript Collections

Papers related to the C.H. Freeman estate. Zubah and C.H. Freeman had many investments such as the Yawkey and Freeman Coal Company and the Freeman Estates. This collection contains contract agreements for property purchases of the Estates, a contour map of what seems to be the Freeman’s country residence, and correspondences between Zubah and realtors. This collection also houses some of Zubah’s family documents including old letters, registers of visitors from Klingel-Carpenter Mortuary, and Paul and Ricky Ray’s basketball documents.

The Legal Career Of Abraham Lincoln [Annotated Bibliography], Steven Fioretti

Undergraduate Research Award

No abstract provided.

Changing Public Policy And The Evolution Of Roman Civil And Criminal Law On Gambling, Suzanne B. Faris

UNLV Gaming Law Journal

In Ancient Rome, gambling, at least in the form of dice games, was generally considered a vice, yet the only known criminal statutes prohibiting it were only sporadically and selectively enforced. Otherwise, aside from a legal prohibition on the enforceability of gambling debts and some limited private rights of action, the Roman state as a whole displayed what can only be described as a “laissez faire” policy toward all forms of gambling. What we would now call “sports betting” was exempted from the statutory prohibition altogether. This remained the case well into the Christian period, when a general crackdown might …

Miller, John Goodrum, Sr., 1853-1936 (Sc 2613), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Small Collection 2613. Bound typescript volume of the “Memoirs of John Goodrum Miller” which details Miller’s relocation to Murray, Kentucky to practice law. Also includes commentary about the history of Kentucky, particularly the Pennyrile region. He relates historical events that impacted his life and his opinions on a variety of topics.

A Plea For Freedom: Enslaved Independence Through Petitions For Freedom In Washington D.C. Between 1810 And 1830, Trevor J. Shalon

Department of History: Dissertations, Theses, and Student Research

Between 1810 and 1830, over 190 petitions for freedom by African Americans went through the District Court of Washington D.C. The free African American community which had emerged following the American Revolution had been restricted in the beginning of the nineteenth century and the rights granted to free and enslaved African Americans were retracted. The methods by which enslaved African Americans had used to obtain their freedom were eliminated and more innovative methods would needed in order to continue the expansion of the free community.

As the nineteenth century progressed, as other methods were eliminated, the number of petitions issued …

"Sewing A Safety Net: Scarborough's Maritime Community, 1747-1765", Charles Foy

Faculty Research & Creative Activity

From 1747 to 1765 Scarborough created a safety net to keep its maritime dependents from becoming impoverished. A web of kinship connections that permitted sailors to move between land and sea as well as between maritime roles as they aged; the employment of maritime servants; the extensive hiring of elderly seamen; the use of the Seamen’s Sixpence after legislative reform in 1747 to develop locally operated seamen’s hospitals for the benefit of sailors and their families; and strong community support of the hospitals worked together to provide a social safety net that was, by eighteenth century standards, robust and effective.

Warren County, Kentucky - Court Records (Sc 2527), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 2527. Warrant (1822) to sheriff to take custody of a free mulatto man found in Warren County; certificates (2) and appointment (1) relating to slave patrols in Warren County (1824-1825); and undated power of attorney authorizing apprehension of a fugitive slave from New Orleans, Louisiana.

Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell

Scholarly Works

From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process” have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was …

Die Frauen, Der Strafvollzug, Und Der Staat: Incarceration And Ideology In Post-Wwii Germany, Andrea Moody Kozak

Scripps Senior Theses

This thesis explores how the material reality of Germany's women's prisons has been largely determined by their ideological foundations, and by the historical developments that have produced these ideologies. The German women's prison system is complex and imperfect, yet in many ways very progressive. It is the result of the last sixty years of tumultuous German history, and has been uniquely shaped by the capitalist and communist histories of the once-divided state. In its current state, it seems to have incorporated elements of a supposedly “rational” or individualistic conception of humanity as well as one that is relational and interdependent, …

Preface, Introduction, And Chronology: Gabriel's Conspiracy, Philip J. Schwarz

History Publications

Preface and Introduction to Gabriel's Conspiracy: A Documentary History by Philip J. Schwarz. Includes a six page Chronology (1776-1800) of the documented events of Gabriel Prosser's life, with emphasis on the slave rebellion of 1800.

From the Introduction, "Documents concerning the important 1800 plot of enslaved Virginians to rebel against slavery have appeared in such publications as the Calendar of Virginia State Papers, Michael Mullin's American Negro Slavery: A Documentary History, and as part of a Library of Virginia exhibit in 2000. But there has never been a publication devoted solely to the many documents associated with the events of …

Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance

Annual Interdisciplinary Conference on Human Trafficking: 4th (2012)

This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.

We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation of …

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

All Faculty Publications

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …

0793: Thomas J. Buffington Copy Of Savage Land Grant Survey, 1816, Marshall University Special Collections

Guides to Manuscript Collections

This collection consists of a handwritten manuscript copy by Thomas J. Buffington of the plots distributed by the Savage Land Grant as resurveyed by Tupper, including plot descriptions. The manuscript is sewn as a pamphlet binding and the end pages include sums and other miscellaneous notes.

Review Of The Website The Nuremberg Trials Project, John A. Drobnicki

Publications and Research

Review of the website The Nuremberg trials project.

Finding Historic Indiana Documents In An Online Environment: Civil War Era And Later 19th Century, Bert Chapman

Libraries Research Publications

This presentation provides information on digitally accessing historic Indiana State and U.S. Government documents from the latter half of the 19th century. Examples of these resources include the periodical Indiana Farmer, Indiana Civil War Governor Oliver Morton's telegraph books, the Official Records of the War of the Rebellion, Indiana Adjutant General Reports, and the Brevier Indiana Law Reports covering Indiana General Assembly proceedings. These collections have been digitized by various Indiana libraries including Purdue University, IUPUI, and Indiana University. Accessing these primary source materials will enable users to gain augmented understanding ot the economic, military, and political issues facing Indiana …

Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

"If, as has often been contended, truth is the first casualty of traditional warfare, then logic, it appears, is the first casualty of sexual warfare." And with that thematic statement in hand, author Bill Neal is off to the proverbial races with an often delightful, sometimes troubling, and generally entertaining legal discourse on the so-called "unwritten law": that a cuckolded husband or a woman wronged has the God-given right to avenge or be avenged, even to redress by murder. With a curiously dispassionate, or at least overly serious, foreword by Cal State-Fullerton professor Gordon Morris Bakken, Neal's tales of adultery, …

Infinite Hope And Finite Disappointment: The Story Of The First Interpreters Of The Fourteenth Amendment, Elizabeth Reilly

University of Akron Press Publications

Infinite Hope and Finite Disappointment details the aspirations and promises of the 14th Amendment in the historical, legal, and sociological context within which it was framed. Part of the Reconstruction Amendments collectively known as "The Second Founding," the 14th Amendment fundamentally altered the 1787 Constitution to protect individual rights and altered the balance of power between the national government and the states. The book also shows how initial Supreme Court interpretations of the Amendment's reach hindered its applicability. Finally, the contributors investigate the current impact of the 14th Amendment.

Contents Infinite Hope: The Framers as First Interpreters The Antebellum Political …

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Cornell Law Faculty Publications

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …

‘Unkle Sommerset's’ Freedom: Liberty In England For Black Sailors, Charles R. Foy

Faculty Research & Creative Activity

With his 1772 decree in Somerset v. Steuart that slavery was ‘so odious that nothing can be suffered to support it [in England] but positive law’, Lord Mansfield altered the legal landscape regarding black rights in England. While earlier judicial decisions had implied that slaves who came to England were free, prior to the Somerset decision there was no judicial consensus on the issue. The Somerset decision did not decree that slavery was illegal in England. Yet many blacks believed it ‘emancipated’ any slave who reached the shores of England. This understanding, combined with the British military welcoming runaways into …

Hechiceras E Inquisidores: The Relative Lack Of Severity Of Witchcraft Prosecution Among Spanish Imperial Territories, Jeffrey Michael Mastrianni

Honors Scholar Theses

This paper examines the social, cultural, political, and judiciary motivations behind the prosecution of witchcraft in the Spanish Empire between the years of 1492 and 1643. Included as background material are introductions to witchcraft, the history of the Empire, and the behaviors of the Spanish Inquisition. The paper attempts to illustrate the fact that witchcraft prosecution was neither severe nor overly violent in the Empire, and that each of the four major regions of the Empire (Spain proper, the Netherlands, Italy, and the Viceroyalty of Mexico) witnessed a steady and early decline of witchcraft prosecutions, albeit for different reasons. It …

Smoke And Mirrors: A History Of Nagpra And The Evolving U.S. View Of The American Indian, Lindee R. Grabouski

Department of History: Dissertations, Theses, and Student Research

While paintings of Native Americans and Europeans exchanging goods and cultural values adorn the walls of museums around the United States, actual Native/non-Native interaction over the past 500 years has been one of illusion, not cooperation. Until recently, legislation “protecting” Native Americans appeared altruistic on the surface, but, instead, served only as a facade for keeping Native artifacts in the hands of scientists and collectors. Even the Native American Graves Protection and Repatriation Act (NAGPRA), the most recent legislative attempt to reconcile the past mistreatment of Native Americans, is riddled with obstacles and optical illusions.

Certainly, NAGPRA demonstrates the most …

Law, History, And Feminism, Tracy A. Thomas

Akron Law Faculty Publications

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Faculty Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

Chitto Harjo (Wilson Jones, Crazy Snake) 1846-1912 Creek Leader, Janet Butler Munch

Publications and Research

Chitto Harjo (1846-1912) was a leader of the Crazy Snakes, a traditionalist faction of the Creek Indians. He opposed federal incursions on reservation land, Indian lifestyles and governance structures; and fought against Allotment (individual distribution) of communal tribal lands and the loss of Creek sovereignty.

New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

The Prehistory Of Fair Use, Matthew Sag

Faculty Articles

This article proceeds as follows: Part I begins with a brief summary of the fêted case Folsom v. Marsh and its place in the development of American copyright law. Folsom v. Marsh has been criticized for expanding copyright protection beyond acts of mere mechanical reproduction to include an abstract concept of the work’s value. Of course, this critique is premised on the belief that the scope of copyright prior to Folsom v. Marsh’s intervention was so narrow that it tolerated almost all secondary works. Part II exposes the frailty of this premise.

Specifically, Part II explores the foundation for the …