Legal Commons^™

Fueling And Fortifying The Foundational Machinery: Religious Necessity And Enlightened Republicanism In America's Founding, Jennifer L. Dyar

History Theses & Dissertations

The debate over the role of religion in the Revolution and Founding of America continues to rage despite years of fruitless wrangling. The obvious influence of Enlightenment thought on these events has led many historians to focus exclusively upon reason's authority, abandoning consideration of religion as a substantive force entirely and concluding it to be incompatible with Enlightenment ideology. Reason and religion, however, were neither incompatible nor mutually exclusive in the Founding. In both their revolutionary struggle for independence and their erection of a governmental framework, the Founders unquestionably utilized Enlightenment rhetoric and reason. This alone, though, was insufficient firs …

A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham

Journal of Legal Education

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2002, 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, 2002, Volume 3, 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, 2002, 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, 2002, Volume 5, 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, 2002, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

The Cadaver Synod: Strangest Trial In History, Donald E. Wilkes Jr.

Popular Media

One thousand one hundred and four years ago a criminal trial took place in Italy, a trial so macabre, so gruesome, so frightful that it easily qualifies as the strangest and most terrible trial in human history. At this trial, called the Cadaver Synod, a dead pope wrenched from the grave was brought into a Rome courtroom, tried in the presence of a successor pope, found guilty, and then, in the words of Horace K. Mann's The Lives of the Popes in the Early Middle Ages (1925), "subjected to the most barbarous violence."

Learning To Be A Legal Historian: Reflections Of A Nontraditional Student, Jonathan Rose

Journal of Legal Education

No abstract provided.

The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion

William & Mary Bill of Rights Journal

Constitutional law has been an active battlefield as competing groups within the academy seek to deconstruct, reconstruct, and/or relegitimize the teaching and practice of law in the United States. Much of the rhetoric of the debate is couched in the language of rights. There is a danger that diminished attention to powers in the rhetoric and teaching of constitutional law may compromise sober and moderate constitutional reasoning. By reinvigorating reflection on powers-related issues, the legal profession can do its part to promote sobriety, and hence an added dose of prudence, in constitutional reflection and discourse by a democratic citizenry whose …

The Sedition Act Of 1798 And The Incorporation Of Seditious Libel Into First Amendment Jurisprudence, Christopher D. Jenkins

Theses, Dissertations and Capstones

On July 14, 1798, more than six years after the ratification of the First Amendment, the Federalist controlled Congress of the United States passed the Sedition Act. This Act, codifying the substantive English common law of seditious libel, made it a federal crime to publish defamatory matter against the Congress, President, or government of the United States. Republican critics of the act argued it to be unconstitutional as a violation of Congress’ limited powers, and the First Amendment’s press clause. Federalists, however, interpreted this clause to permit prosecutions for seditious libel. The ensuing public controversy over the Sedition Act represented …

The Ius Commune, Suretyship, And Magna Carta, Kenneth Pennington

Scholarly Articles

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 6, 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, 2000, 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, 2000, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Robert M. Benson Family Papers, Zach S. Henderson Library Special Collections

Finding Aids

Spanning 1937-1969, materials consist of indentures, deeds, promissory notes, insurance maps, and other legal and financial records from the earliest years of Georgia Southern University, then known as First District Agricultural and Mechanical School; materials also include personal and professional correspondences from Charles E. Cone Realty Company to active and prospective tenants about owning land in Bulloch County, as well as a variety of local land plats, oversized maps, blueprints, and posters; additionally, there are photographs of prominent local figures and family members. A notable entry are newspapers detailing the Apollo 11 moon landing in 1969. A selection of World …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Symposium: States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve

Journal Articles

My name is Jim Schueller and I'm the Symposium Editor of the Law School Journal of Legislation and every two years we organize a symposium to discuss relevant issue of public policy and the topic this year is States Rights in the 21st Century.

Well, way back in the 18th century when the framers drafted the Constitution they created a unique system of governing where power was shared between the states which already existed and the newly created federal government. The framers in their day debated the proper allocation of power between these two governments and today, two hundred eleven …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 5, 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, 2000, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

As Old As Dallas Itself - A History Of The Lawyers Of Dallas, The Dallas Bar Associations, And The City They Helped Build (Excerpts), Darwin Payne

Publications Describing the Law School's History

No abstract provided.

Review Of Gendered Justice In The American West: Women Prisoners In Men's Penitentiaries By Anne M. Butler, Sharon E. Wood

History Faculty Publications

Butler writes with conviction, her passion for her subject occasionally leading her to press her point further than the evidence will go. Several times she seems to claim that women prisoners were representative of all women confronting the criminal justice system, writing, for example, "when a child died from a mother's assault, conviction was a certainty." But this claim can only be tested by examining local police and court records to see if all women accused were convicted (they weren't). Women in penitentiaries were not representative; they were the absolute losers in a system that was, admittedly, stacked against them. …

Alien Land Laws : The Curtailing Of Japanese Agricultural Pursuits In Oregon, Amy K. Buck

Dissertations and Theses

This thesis describes the evolution and demise of Oregon's alien land laws of 1923 and 1945 and their impact on the Nikkei community and the state's culture.

After a brief discussion of Japanese immigration to Oregon and their lifestyle, the work discusses the emergence of discrimination against Japanese residents. At the same time, it outlines how the Nikkei adopted creative responses to the law. This thesis then explores the manner by which anti-Japanese internment policies during World War II shattered the Issei community, revoking many of the gains made in the previous half-century. The effects of the second alien land …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1999, Organizational Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Lincoln, Vallandingham, And Anti-War Speech In The Civil War, Michael Kent Curtis

William & Mary Bill of Rights Journal

In the early morning hours of May 5, 1863, Union soldiers forcibly arrested Clement L. Vallandigham, a prominent Democratic politician and former congressman, for an anti-war speech which he had given a few days earlier in Mount Vernon, Ohio. Vallandigham's arrest ignited debate about freedom of speech in a democracy during a time of war and the First Amendment rights of critics of an administration. This Article is one in a series by Professor Curtis which examines episodes in the history of free speech before and during the Civil War. In this Article, Professor Curtis explores the First Amendment's guarantee …

Lives Of The Little-Known: Women Children And Servants In Augusta County, 1745-1779, Nancy B. Osborne

History Theses & Dissertations

The court and its justices exerted a great deal of control and power over all the people of eighteenth-century Augusta County, Virginia. The justices oversaw the economic life of the county. They also arbitrated in civil matters and punished those convicted of crimes. The court exerted its authority most heavily over the less powerful of Augusta County society, its women, children, and servants. The justices' control of these people was based upon considerations of economic values and the justices' own prestige and power in the community. The women, children, and servants, in turn, used the court system to regain some …

Fact Or Fiction? The Use Of Eighteenth-Century Criminal Biographies In Historical Studies, Steven M. Wakefield

History Theses & Dissertations

Marxist studies concerning crime and criminality in eighteenth-century England, and especially London, have explained the problem strictly in terms of a class based struggle between the elites and the working poor. Marxists further contend that the majority of criminals hanged for capital offenses during the eighteenth-century also came Rom the working poor. Using an analysis of criminal biographies written between 1723 and 1783, this study questions the Marxist paradigm by suggesting that eighteenth-century crime and criminality were not inter-class conflicts but more intra-class struggles, and hangings reflected this.

Memorandum From University Of Illinois College Of Law Professor Ronald D. Rotunda Memorandum To The Honorable Kenneth W. Starr Regarding Whether A Sitting President Is Subject To Indictment [Portions Redacted], Ronald D. Rotunda

United States Department of Justice: Publications

Re: Indictability of the President, with particular respect to whether President Bill Clinton could be charged with indictable offenses while in federal office.

Excerpt from the New York Times article: “It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.”

Cclhp: Data As Microsoft Access File, Newton Key, Chris Waldrep, Michael Kroll, Mark Voss-Hubbard

Coles County Legal History

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Queries

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1998, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.