Legal Commons^™

A Challenge To Sexual And Marital Propriety And Communal Reaction, Kenneth Stow

Early Modern Workshop: Resources in Jewish History

The selection of sources from the early 1550's Rome deal with the question of honor of young women and their fathers.

The Jewish Community of Rome was unimpressed. It wanted it made clear that one did not make accusations that could harm the well-being, in fact, mostly financial, but also the honor, of young women. Indeed, the bride Ricca was herself awarded what amounted to a hefty fine; we know that among Christians, it was the father’s honor that was considered impugned, and any monetary sanctions would go to him. Not here.

Finally, we learn something about sacred and profane. …

Two Cases Of Apostasy In Dubno In 1716 Jews, Christians, And Family Life, Magda Teter

Early Modern Workshop: Resources in Jewish History

This text relates a trial of two Christian women who accepted to Judaism that took place in the city of Dubno in eastern Poland in 1716. The text presented here comes from a collection of primary sources published in Kiev [now Kyiv] in 1869, as part of effort by scholars at the time to collect and publish primary source materials about Ukraine. The collection is called Arkhiv Iugo-zapadnoi Rossii, or The Archive of South-Western Russia, and contains documents from the South-Western part of Ukraine.

This presentation is for the following text(s):

• Two Cases of Apostasy in Dubno in 1716

“The First Duty Of Nature Is To Preserve Life” A Jewish Woman’S Plea For Divorce In Late 18th-Century Trieste, Lois Dubin

Early Modern Workshop: Resources in Jewish History

The presentation discusses a letter from Relle [Rachele] Morschene (1770-1844) of Trieste to Chief Rabbi Raffael Natan Tedesco, written in the throes of her three-year long effort to extricate herself from her marriage to husband Lucio Luzzatto (1755-1801). From 1793 to 1796, Morschene pursued separation and civil divorce through the Habsburg courts at the same time as a Jewish religious divorce. Indeed, she was one of the first European Jewish women to seek and obtain a civil divorce. Her legal situation was novel because Jews in the Habsburg Monarchy were among the first to be subjected to civil marriage regulation …

Jewish Women And Economic Encounters With Christians, Debra Kaplan

Early Modern Workshop: Resources in Jewish History

R. Yair Hayyim ben Moses Samson Bacharach (1638-1702) is well-known for his knowledge of halakha and Kabbalah. Over the course of his lifetime, he served as the rabbi in several locations in the Holy Roman Empire. In these two responsa, Bacharach deals with one of the halakhic problems surrounding women’s trade with non-Jews. Such trade inevitably caused women to enter into seclusion (yihud) with non-Jews, especially since according to Jewish law, the presence of the non-Jew’s wife did not alleviate the prohibition of seclusion with a non-Jew.

This presentation is for the following text(s):

• Havvot Yair, Responsum 66
• Havvot Yair, …

Unequal Opportunities The Economic Possibilities Open To Jewish Women In 18th Century Poland-Lithuania, Adam Teller

Early Modern Workshop: Resources in Jewish History

The following texts present an image of economic opportunities, and gender roles in Jewish society in eastern Europe. The first text is an 18th-century supplication by a Jew, Bunim Szlomowicz, against his wife; the second is a 1751 decree by the Council of Lithuania regulating women's roles in trade.

An Early 17th Century Ketubah From Sefer Tikun Sofrim By Rabbi Itzhak Zabakh, Ruth Lamdan

Early Modern Workshop: Resources in Jewish History

In Jewish Law, the halakha, there is an extensive importance to the accurate scribing of legal documents (shtarot). Any slight deviation from the standard formula of one word, or even of one character, might invalidate a formal bill or cancel a personal or commercial obligation. The importance bestowed on each word encouraged many famous rabbis to write and edit books of standard legal bills, and Hebrew scribes used to copy samples of bills for their personal use in the future. Qualified scribes made exemplary collections of documents for their students, and young trainees would copy such samples – as well …

How Family Wealth And Power Are Organized, Moshe Rosman

Early Modern Workshop: Resources in Jewish History

The following is a translation of Todros Kozuchowski's will. Originally written in Polish, then translated into Hebrew, the will was translated into English by Moshe Rosman.

Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis

The University of New Hampshire Law Review

[Excerpt] "The current federal government, with its burgeoning administrative agencies, does not embody what most Americans would recognize as the constitutional doctrine of separation of powers. This is, in part, due to the Congress’s frequent practice of delegating legislative powers to the executive branch, i.e., giving administrative agencies the power to promulgate rules regulating private behavior and having the force of law. Legislative delegation has been the subject of academic, legal, and political wrangling since the early congresses and clearly calls into question whether modern practice adheres to constitutional norms. This article discusses legislative delegation in terms of some core …

Recovering A "Lost" Story Using Oral History: The United States Supreme Court's Historic Green V. New Kent County, Virginia, Decision, Jody L. Allen, Brian J. Daugherity

History Publications

In 1965, New Kent County, located just east of Richmond, Virginia, became the setting for the one of the most important school desegregation cases since Brown v. Board of Education. Ten years after the U.S. Supreme Court declared "separate but equal" unconstitutional, both public schools in New Kent, the George W. Watkins School for blacks and the New Kent School for whites, remained segregated. In 1965, however, local blacks and the Virginia State NAACP initiated a legal challenge to segregated schools, hoping to initiate desegregation where the process had yet to begin and to accelerate the process in areas …

Emancipation Through Secularization: French Feminist Views Of Muslim Women’S Condition In Interwar Algeria, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

Cet article examine la condition des musulmanes algériennes telle que vue par des féministes françaises entre les deux guerres mondiales. Une série de colloques nationaux et internationaux dans la région méditerranéenne analysa les limitations imposées sur les filles et les femmes musulmanes par la tradition patriarcale et s'adressa au gouvernement pour demander des réformes. Cet article démontre que ces féministes françaises approuvaient la « mission civilisatrice » de la France et conseillaient des mesures visant la modernisation, « le progrès » et la laïcité en Algérie. Alors que ces féministes orientalistes critiquaient le Code Civil de 1804 comme une source …

Legal Positivism: The Leading Legal Theory In America, Paul R. Rickert

Faculty Publications and Presentations

The author discusses the transition in from a Natural Law base for American Jurisprudence to legal positivism.

Rhode Island Superior Court Centennial 1905-2005

Library Archive

Booklet outlining the history of the Rhode Island Superior Court.

Some Varieties And Vicissitudes Of Lochnerism, Barry Cushman

Journal Articles

This article is a contribution to the Lochner Centennial Symposium at Boston University School of Law. Until recently, a consensus appeared to be emerging among constitutional historians concerning how best to interpret Lochner-era decisions involving Fifth and Fourteenth Amendment challenges to state and federal economic regulation. After decades during which the Court's jurisprudence had been characterized as the product of a reactionary judiciary's commitments to Social Darwinism and laissez-faire economics, more recent scholars had come to see the Court's police powers decisions as animated by what Professor Howard Gillman has called the principle of neutrality. On this view, the Court's …

Journal Of The Senate Of The Commonwealth Of Kentucky, 2005, Volume 1, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Book Review: And The Dead Shall Rise: The Murder Of Mary Phagan And The Lynching Of Leo Frank (2003), Donald E. Wilkes Jr.

Popular Media

Book Review of AND THE DEAD SHALL RISE: THE MURDER OF MARY PHAGAN AND THE LYNCHING OF LEO FRANK, by Steve Oney (Pantheon Books, 2003).

Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite

Scholarship and Professional Work - LAS

In November 1840, William Martin, an Indiana mail stage driver found himself standing in United States District Court, convicted of stealing a letter containing bank notes from the mail.^1 District Judge Jesse Lynch Holman reviewed the evidence that convinced the jury, and then lectured the defendant upon his future prospects:

The prospect before you is truly dark and dreary; yet there is a distant ray of hope that may enlighten your path You may do much by a patient submission to the law—by a reformation of life and an upright line of conduct ... to some extent, to regain a …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2004, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2004, Volume 4, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2004, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2004, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2004, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Teaching Adr In The Workplace Once And Again: A Pedagogical History, Laura J. Cooper

Journal of Legal Education

No abstract provided.

Pennsylvania Legislation Relating To Slavery

Adams County History

The following acts have been taken, complete or in part, from the published volumes of The Statutes At Large of Pennsylvania and Laws of Pennsylvania. These extracts are not all-inclusive, but do cover the years 1725/6-1847, from the province's first general statement of the legal standing of blacks, full-blooded and mixed, and the treatment to be afforded them, up to the state's rewritten and strengthened prohibition of the kidnapping of free blacks and the seizing of fugitive slaves. Included are not only acts showing the status and the protection of slaves, whether residents or sojourners, but also those requiring resident …

Understanding Emancipation: Lincoln's Proclamation And The Overthrow Of Slavery, Allen C. Guelzo

Civil War Era Studies Faculty Publications

The most common trope that governs understanding of Abraham Lincoln and emancipation is that of progress. The variations on that trope are legion, and they include notions of Lincoln's journey toward emancipation, his growth in understanding the justice of emancipation, and his path to the Emancipation Proclamation. "Lincoln was," as Horace Greeley put it, "a growing man"; growing from a stance of moral indifference and ignorance at the time of his election in 1860 toward deep conviction about African American freedom by the time of the Emancipation Proclamation less than two years later. That was a generous sentiment, since it …

So Far From God And So Close To Stonewall Jackson: The Executions Of Three Shenandoah Valley Soldiers, Peter S. Carmichael

History Faculty Publications

Mount Pisgah Church had long been a place where Orange County Baptists sought salvation and spiritual comfort. Wars have a way of turning such holy places into brutal scenes of killing. Although a battle was never fought on the sacred ground of the church, Pisgah witnessed man's inhumanity on 19 August 1862, when a firing squad executed three deserters from Brig. Gen. William B. Taliaferro's division of Stonewall Jackson's command - all of whom were conscripts from the Shenandoah Valley. Until that depressing afternoon, when veterans formed a hollow square and waited for the condemned, no deserters in Jackson's command …

‘For The Family, France, And Humanity’: Authority And Maternity In The Tribunaux Pour Enfants, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2003, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2003, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Procedure, Politics, And Power, Stephen B. Burbank

Journal of Legal Education

No abstract provided.

The Trial Of The Century--And Of All Time, Donald E. Wilkes Jr.

Popular Media

The defeat of Nazi Germany brought to the forefront a problem the Allies had been grappling with for years -- what should be done with the Nazi leaders who had not been killed, committed suicide, or escaped into hiding? The Allies agreed that the top Nazi leadership could not allowed their liberty. But beyond that the Allies were in sharp disagreement. Some wanted to summarily execute the Nazi leadership without further ado. Others wanted to place the Nazi leaders on trial and punish them only if convicted. On August 8, 1945 the four principal Allies -- the United States, the …