Open Access. Powered by Scholars. Published by Universities.®

Legal Commons

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 61 - 90 of 1060

Full-Text Articles in Legal

Edward's New Welsh: The Foundations Of English Colonialism, 1282-1343, Joshua Lembke Jun 2024

Edward's New Welsh: The Foundations Of English Colonialism, 1282-1343, Joshua Lembke

University Honors Theses

This thesis, Edward’s New Welsh: The Foundations of English Colonialism, 1282-1343, examines the tumultuous period following the English conquest of the last independent Welsh kingdom, focusing on the English Crown's efforts under King Edward I to integrate Wales administratively and culturally. By reevaluating the appropriation of the Prince of Wales title, the study highlights the creation of a 'New Welsh' identity aligned with English interests. Key legal acts, such as the Statute of Rhuddlan and the establishment of English-style boroughs and castles, are analyzed to reveal the Crown's strategic embedding of English governance and suppression of native Welsh resistance. …


Legal Slavery In America: A Precedent Set By A Black Plaintiff, Edwin Vazquez May 2024

Legal Slavery In America: A Precedent Set By A Black Plaintiff, Edwin Vazquez

Bound Away: The Liberty Journal of History

The legal precedent for slavery in America was set by a free black in a case decided by a seventeenth-century court granting the ownership of a black defendant to a black plaintiff. Slavery was not introduced by the arrival of the first Africans at Point Comfort in 1619. Ironically, it was introduced by precisely one of these first African arrivals to the New World. From this point, it developed into the known institution of slavery that later had to be quelled by a Civil War.


Iron In The New World’S Veins: Government, Ironworks, And Community In The Massachusetts Bay Colony, Abigail Adam May 2024

Iron In The New World’S Veins: Government, Ironworks, And Community In The Massachusetts Bay Colony, Abigail Adam

Masters Theses, 2020-current

The Massachusetts Bay Company conceived of a colonial iron industry as early as 1628; two years before its leaders migrated to the New World. The colony’s founders continued their efforts to establish a functioning iron industry in subsequent decades. With the General Court’s support, John Winthrop Jr. engaged in business with the London-based Company of Undertakers to make the iron industry a reality. Nevertheless, previous scholarship has neglected the iron industry’s place in the Massachusetts Bay Colony’s establishment. Yet surviving court records and correspondence indicates that these two bodies are inseparable. Indeed, the General Court used the ironworks to materially …


Salafi Reformist Fatwas And The Challenge To Traditionalism In Egypt And Arabia, 1895 – 1930, Samuel Scurry May 2024

Salafi Reformist Fatwas And The Challenge To Traditionalism In Egypt And Arabia, 1895 – 1930, Samuel Scurry

Graduate Theses and Dissertations

Studies of the Islamic intellectual movement commonly known as Salafism have long focused either on the modernist reformers in Egypt and Syria in the late nineteenth and early twentieth centuries, or on the far more austere and sometimes militant iterations of Salafism from the mid-twentieth century to the present day, often associated with Wahhabism. A handful of scholars have examined the links between the two and the transition from the earlier to the later Salafis, however many works which impacted the evolution of Salafism at the dawn of the twentieth century have been neglected, especially those which do not align …


The Legal Culpability Of Emperor Hirohito In The Outbreak Of The Second Sino-Japanese War, Joseph Castellano Apr 2024

The Legal Culpability Of Emperor Hirohito In The Outbreak Of The Second Sino-Japanese War, Joseph Castellano

Honors Projects

An analysis of the legal culpability of Emperor Hirohito in the outbreak of the Second Sino-Japanese War based on primary source evidence. Combines an examination of primary and secondary sources to demonstrate that Emperor Hirohito was legally responsible for his role in the outbreak of the Second Sino-Japanese War.


Legislating Morality In The Gilded Age And Progressive Era: Moral Panic And The “White Slave” Case That Changed America, Nancy C. Unger Apr 2024

Legislating Morality In The Gilded Age And Progressive Era: Moral Panic And The “White Slave” Case That Changed America, Nancy C. Unger

History

This article is based on the presidential address presented to the Society for Historians of the Gilded Age and Progressive Era at the meeting of the Organization of American Historians in Los Angeles in 2023. Its focus is Maury Diggs and Drew Caminetti, two white men from Sacramento, California, charged with violating the Mann Act (known as the White Slave Trafficking Act) in 1913. The Gilded Age and Progressive Era obsession with white slavery, a phenomenon that has particular resonance in today’s climate, reveals the power of moral panics. Examining the steps, and missteps, that various legal, social, and political …


Unilateralism And Strategic Ambiguity In American Foreign Policy: Contextualizing The Taiwan Relations Act, James L. Landers Apr 2024

Unilateralism And Strategic Ambiguity In American Foreign Policy: Contextualizing The Taiwan Relations Act, James L. Landers

Honors College Theses

The goal of this thesis is to examine the unique historical context surrounding the enactment of the 1979 Taiwan Relations Act in order to demonstrate how congressional unilateralism, a core component of enacting the TRA, led the United States to strengthen a policy of strategic ambiguity toward Taiwan and China. As a result of its enactment, the TRA has been criticized by the mainland Chinese government as an example of foreign policy that is contrary to the traditional values promoted by the United States. This study examines the creation of the TRA through government documents, legislation, and speeches and aims …


What Figures Lurk On Madame Elysé’S Path? Reflections On Philippe Sands’ The Last Colony, Diane Marie Amann Apr 2024

What Figures Lurk On Madame Elysé’S Path? Reflections On Philippe Sands’ The Last Colony, Diane Marie Amann

Scholarly Works

One person’s life forms the core around which Philippe Sands’ The Last Colony explores the events leading up to the advisory opinion on the Legal Consequences of Chagos Archipelago from Mauritius in 1965. That person is Liseby Bertrand Elysé, who was born in 1953 in Chagos, then forcibly removed to Mauritius in 1973. Her efforts to return home eventually brought her to a 2018 hearing at The Hague, where she spoke to the International Court of Justice bench by means of a subtitled video. This essay, which appears in a symposium issue on Sands’ book, investigates the ethics, the effectiveness, …


"I Hate Illinois Nazis:" Remembering Hate Speech And The First Amendment In Skokie, Illinois, Morgan Myers Jan 2024

"I Hate Illinois Nazis:" Remembering Hate Speech And The First Amendment In Skokie, Illinois, Morgan Myers

Undergraduate Research Symposium

In 1976, the leader of the Illinois chapter of the National Socialist Party of America (neo-Nazis) sent over 30 requests to hold demonstrations in various areas of Chicago. The village of Skokie was the only one to respond, denying their request. The Nazis sued the city, claiming their freedom of speech was being impeded. The resulting court case has had lasting legal and social consequences that continue to define the meaning of both free speech and hate speech in the United States.


Recognition Promotes Sodomy: Gay Lib Vs. The University Of Missouri, Micah Hillier Jan 2024

Recognition Promotes Sodomy: Gay Lib Vs. The University Of Missouri, Micah Hillier

Undergraduate Research Symposium

In the spring of 1971 Larry Eggleston, president and founder of the Gay Lib student organization at the University of Missouri, submitted the proper documentation for formal recognition of his club. The dean, and subsequently the executives of the University of Missouri, denied the club’s petition. What followed was a contentious game of chess between the university and its gay student population, the outcome of which would span seven years and litigation that rose all the way to the supreme court. What motivated the University of Missouri’s decision to ban gay student organizations in the 1970s? The answers can be …


Lost & Found (Game Series) [Book Chapter], Owen Gottlieb Jan 2024

Lost & Found (Game Series) [Book Chapter], Owen Gottlieb

Articles

Description of game series for use in the classroom with best practices.


False Confessions And Police Torture In Mississippi, Chloe Ard Jan 2024

False Confessions And Police Torture In Mississippi, Chloe Ard

Merge

No abstract provided.


An Excavation Of Margaret And Jerry Morgan: How The Architecture Of Black Liminal Spaces Shaped Antebellum Conflict Between Maryland And Pennsylvania, Felicia A. Appenteng Jan 2024

An Excavation Of Margaret And Jerry Morgan: How The Architecture Of Black Liminal Spaces Shaped Antebellum Conflict Between Maryland And Pennsylvania, Felicia A. Appenteng

Dissertations and Theses

In the 1830s, Jerry and Margaret Morgan and their six children were living as a free Black family in rural Pennsylvania, one of a growing number of such families in a part of the state that bordered Maryland. Suddenly, their lives were violently disrupted in 1837 when a group of men from Maryland, led by Edward Prigg, entered into Pennsylvania to seize Margaret and the children so that they could be enslaved. Although the most dramatic, this was only the latest twist in the unusual lives of the Morgan family. Jerry Morgan was born into enslavement, gained his freedom, and …


Historical Evolution Of The Late 20th-Century Maritime Claims, The Concept Of The Nine-Dash Line, And The Dispute In The South China Sea, Kamil Nowak Jan 2024

Historical Evolution Of The Late 20th-Century Maritime Claims, The Concept Of The Nine-Dash Line, And The Dispute In The South China Sea, Kamil Nowak

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study discusses the origins and development of the South China Sea dispute. It briefly analyzes the overlapping maritime claims, their justifications and legal aspects, and key clashes between the actors across the second half of the 20th century. It uses a historical perspective to assess the present-day conflict. The study discusses the impact of international agreements, national policies, claimants' domestic factors, and external influences connected to the geopolitical situation of the period to determine how they influenced the dispute. The analysis reveals that amidst more pressing global events, the South China Sea issue was frequently overlooked by the international …


On The Promises And Failures Of Anticolonial Constitutionalism In India: A Review Of Sandipto Dasgupta’S Legalizing The Revolution, Shaunna Rodrigues Jan 2024

On The Promises And Failures Of Anticolonial Constitutionalism In India: A Review Of Sandipto Dasgupta’S Legalizing The Revolution, Shaunna Rodrigues

Socio-Legal Review

This review of Sandipto Dasgupta’s Legalizing the Revolution: India and the Constitution of the Postcolony (Cambridge University Press 2024) delves into the complex legacy of constitutionalism in postcolonial India. The book assesses constitutionalism in India as an instrument that translated the revolutionary aspirations of an anticolonial mass movement into a legal framework for societal transformation. Dasgupta illuminates constitutionalism’s dynamic mediation of conflicting visions from India’s diverse masses and its political leaders, demonstrating how it intertwined the promise of anticolonialism with enduring tensions of representation, legal interpretation, and bureaucratic planning. He critically analyses its role in the development discourse in India, …


The Battle Over Diversity, Equity, And Inclusion And Critical Race Theory In Florida: A Case Study On The Stop W.O.K.E. Act, Grace Anne Castelin Jan 2024

The Battle Over Diversity, Equity, And Inclusion And Critical Race Theory In Florida: A Case Study On The Stop W.O.K.E. Act, Grace Anne Castelin

Honors Undergraduate Theses

Accelerating from 2022 and continuing through 2024, the state of Florida has experienced significant policy changes, particularly within the realm of higher education and affairs of diversity, equity, and inclusion (DEI). Many progressive officials, experts, and activists assert arguments that the state is on the verge of evolving into an authoritarian regime while many illiberal policies are being produced through the Florida legislature and current executive leadership—social and economic sectors are consequently threatened in order to maintain political oppression. The Stop W.O.K.E. Act has served as a catalyst for shifting the state's political stance on DEI, culminating in a chain …


Quasi-Democratic Imagination: How The Constituent Assembly Envisioned The Parliamentary Opposition, Rupak Kumar Jan 2024

Quasi-Democratic Imagination: How The Constituent Assembly Envisioned The Parliamentary Opposition, Rupak Kumar

National Law School Journal

Institutionalising parliamentary opposition ensures political pluralism, and an opposition needs constitutional protections to enable it to demand accountability and seek scrutiny over the executive. How did the Constituent Assembly of India envision the idea of parliamentary opposition? Did it take the issue seriously? Or, overshadowed by the burgeoning dominance of the Congress Party, was it apprehensive about providing constitutional space for the opposition? Some members of the assembly did demand that an institutional space be created to guarantee an effective opposition. But these demands were not given serious attention in the assembly. This paper argues that, in effect, the assembly …


The Quick And The Dead (And The Transported), Manushag N. Powell Dec 2023

The Quick And The Dead (And The Transported), Manushag N. Powell

ABO: Interactive Journal for Women in the Arts, 1640–1830

In most nations that still execute prisoners—including the U.S.—it is illegal to execute a pregnant person. In English common law, women have been permitted to “plead the belly” in one form or another since the 14th century, and this fact is sometimes misconstrued by anti-choice and forced-birth advocates as evidence of a long legal tradition of protection for the lives of fetuses. In fact, it is merely evidence of a long history of legal inconsistencies in the ways laws were applied and sentences carried out against women, for whom there were fewer options for clemency than for men. This …


The Women Of Justice: Narratives Of Women Attorneys In California During The 1960s And 1990s, Sarah Zion Jun 2023

The Women Of Justice: Narratives Of Women Attorneys In California During The 1960s And 1990s, Sarah Zion

Master's Theses

This thesis interviews two women attorneys who have not previously shared their stories to relate their experience of going to law school and entering the field after graduation. The study of women lawyers and their stories is not a new topic, however, there is a focus in the scholarship to only explore the tales of the women who reached the big firsts, such as first female lawyer or first female judge. By providing interviews of women who have not reached these big accomplishments, the field gains a more rounded understanding of the history of female lawyers. The two women interviewed …


Jus Soli And Jus Sanguinis: Politics, Race, Culture, And Citizenship In The Dominican Republic And Haiti, Guido A. Proano Jun 2023

Jus Soli And Jus Sanguinis: Politics, Race, Culture, And Citizenship In The Dominican Republic And Haiti, Guido A. Proano

Dissertations, Theses, and Capstone Projects

The promulgation of laws such as the Dominican Republic’s Constitutional Court’s Judgment TC-168-13 serves as a basis upon which to argue the major impediments presented by the Dominican government to deny Haitians and Dominicans of Haitians descent citizenship. The right to citizenship is based on legal principles of jus soli and jus sanguinis and is recognized in a series of international legal documents. Following a Marxist framework, this research demonstrates the uncounted possible relationships between modern social forces and politics that have been working closely following European productions of knowledge for decades against Haitians and Dominicans of Haitian descent in …


Individual Rights Vs. Collective Value In Paragraph 218: The Role Of Political Tradition In The Development Of German Abortion Policy, Annie Morgan May 2023

Individual Rights Vs. Collective Value In Paragraph 218: The Role Of Political Tradition In The Development Of German Abortion Policy, Annie Morgan

CISLA Senior Integrative Projects

No abstract provided.


Differences In French Law Pertaining To Refugees From Former Colonies: A Case Study Of North Africa And Indochina, Lauren Bergin May 2023

Differences In French Law Pertaining To Refugees From Former Colonies: A Case Study Of North Africa And Indochina, Lauren Bergin

Honors Theses

Colonial relations between colonizer and colonized are an interesting yet often understudied part of the legal field. This thesis will focus on these links within the relationship between France and two of its former colonies: North Africa and Indochina. In order to discover more information on these relationships, I take a historical approach focusing on legal documents, debates, and decrees, both from the French government and international bodies and representatives such as the United Nations High Commissioner for Refugees. The resulting discoveries show that French legal documents were far more concerned with North Africa compared to Indochina, both regarding asylum …


Wills And Testaments In Medieval England From The Thirteenth To The Sixteenth Century, Robert A. Wood Apr 2023

Wills And Testaments In Medieval England From The Thirteenth To The Sixteenth Century, Robert A. Wood

TEAMS Documents of Practice

This volume explores the will-making process in late medieval England for all levels of society. Wills are some of the most studied records of the late Middle Ages and capture the evidence of what people owned and the patterns of family relationships. These documents, compiled from several archives and city records, cast a light on many aspects of medieval life, including gender distinctions and the heavy influence of the church. Included are wills from widows, tradespeople and artisans, clergy, and high-ranking wealthy people, and through these sources he shows how wills, inventories, and testaments prepared people and their souls for …


Legislating Healthcare: A Legislative History Of Healthcare Equity And Access In The Mid-20th Century United States, Jazmin Alvarez Mar 2023

Legislating Healthcare: A Legislative History Of Healthcare Equity And Access In The Mid-20th Century United States, Jazmin Alvarez

The Pegasus Review: UCF Undergraduate Research Journal

Historically, the United States has struggled to provide accessible healthcare to all Americans. Now, due to the COVID-19 pandemic, the country must rebuild its healthcare system to account for the devastating loss of healthcare personnel and the impending physician shortage. This paper discusses four U.S. laws that were intended to increase accessibility and how their history can guide the nation to better healthcare.


Review- Archives And Human Rights, Alexandra Pucciarelli Feb 2023

Review- Archives And Human Rights, Alexandra Pucciarelli

Journal of Contemporary Archival Studies

Archives and Human Rights edited by Jens Boel, Perrine Canavaggio, and Antonio González Quintana utilizes seventeen case studies to examine the role archives and archivists can play in international justice after human rights violations. The cases include but are not limited to; Rwanda, Spain, and Cambodia.


Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers Feb 2023

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …


Intersections Of Violence Against Immigrant Women On The United States-Mexico Border, Holland Morgan Jan 2023

Intersections Of Violence Against Immigrant Women On The United States-Mexico Border, Holland Morgan

Ramifications

There have been growing tensions along the United States-Mexico border over the last twenty years and the very unique position of Mexican immigrant women is largely ignored. With the increased militarization of the border to protect American land from people considered ‘illegal’, this has left immigrant women vulnerable to gendered violence from border officials; as well as state systems that silence their voices or persecute them for their undocumented status. This paper uses the disciplines of history, sociology, and women’s and gender studies to make connections between the state portrayal of immigrant women, violence in border cities, and community efforts …


Vulnerable Culture: Protecting History In War And Peace, Molly Luce Jan 2023

Vulnerable Culture: Protecting History In War And Peace, Molly Luce

CMC Senior Theses

Cultural, historic, and religious sites and objects have a strong correlation with the identity of the community they belong to, in addition to that of humanity. Rosilawati et al. assert that “Cultural heritage and social identity exists in correlation and are interconnected. The shared identity associated with one’s cultural background and historic setting may initiate feelings of pride in one’s culture.”[1]Essentially, the looting and destruction of such sites and antiquities is not only an attack on the tangible, but the very essence of a population. As the War in Ukraine rages on, Ukrainian cultural heritage sites and historic …


The American Tradition Of Self-Made Arms, Joseph G.S. Greenlee Jan 2023

The American Tradition Of Self-Made Arms, Joseph G.S. Greenlee

St. Mary's Law Journal

No abstract provided.


“Ingenious Entanglements”: Sheriffs, Capitalism, And Civil Society In America, 1750-1850, Chad R. Holmes Jan 2023

“Ingenious Entanglements”: Sheriffs, Capitalism, And Civil Society In America, 1750-1850, Chad R. Holmes

Graduate Theses, Dissertations, and Problem Reports (ETD)

Sheriffs served as indispensable legal actors who facilitated the expansion of democracy and capitalist transformation, processes that eventually limited their ability to profit from their work and diminished their social status. This dissertation is organized around specific sheriffs and the actions they performed to illustrate how county officers influenced society beyond the execution of court orders. These men—Rhode Island’s Beriah Brown, Pennsylvania’s John Barker, and Massachusetts’s Elisha Porter, Luke Baldwin, and Charles P. Sumner—believed they understood how to balance community demands and state directives in ways that would produce personal profit and greater authority. The work of these officers and …