Political History Commons^™

The National Security State: The End Of Separation Of Powers, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Punishing Our Own Rascals: Great Britain, The United States, And The Right To Search During The Era Of Slave Trade Suppression, Mark T. Haggard

Boise State University Theses and Dissertations

This thesis examines the relationship between the United States and Great Britain during the era of slave trade suppression in the nineteenth century. Two ideals of international relations came into conflict when Great Britain’s humanitarian drive to rid the world of the international slave trade ran headlong into the United States’ claims to sovereignty under the Law of Nations. Under international maritime law a ship is the sovereign territory of the nation under whose flag it sails; the forcible boarding of a ship is tantamount to an invasion of the country itself. Britain sought to circumvent this rule in the …

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.

New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi

Student Publications

In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …

'In The Time Of A Woman, Which Sex Was Not Capable Of Mature Deliberation': Late Tudor Parliamentary Relations And Their Early Stuart Discontents, Josh Chafetz

Cornell Law Faculty Publications

The English Civil War is one of the seminal events in Anglo-American constitutional history. Oceans of ink have been spilled in debating its causes, and historians have pointed to a number of salient divisions along economic, social, political, and religious lines. But a related, and equally important, question has gone largely ignored: what allowed the House of Commons, for the first time in English history, to play the lead role in opposing the Crown? How did the lower house of Parliament develop the constitutional self-confidence that would allow it to organize the rebellion against Charles I?

This Article argues that …

A Progressive Mind : Louis D. Brandeis And The Origins Of Free Speech., Elizabeth Diane Todd

Electronic Theses and Dissertations

This study argues that Associate Supreme Court Justice Louis D. Brandeis played a key role in shaping the jurisprudence of free political speech in the United States. Brandeis's judicial opinions on three freedom of speech cases in the post-World War I era provide the evidence for this argument. This thesis demonstrates how the Espionage and Sedition Acts of World War I allowed Brandeis the opportunity to reflect and rule on the Founding Fathers' meaning of free speech in a political democracy. Chapter I offers a detailed historiography of the Progressive Era and World War I. Chapter II provides a biography …

The Fallacy Of Free Market Democracy: Marginalization Through Chilean Health Care And Education, Robin L. Young

Senior Capstone Theses

This thesis examines how neoliberal policies implemented during Augusto Pinochet’s sixteen-year military regime in Chile have affected post-dictatorship democratization. It argues that democracy has been incomplete in Chile since the fall of Pinochet’s regime, due mainly to the three neoliberal policies of deregulation, decentralization, and decreased government funding. Through the detailed analysis of Chile’s health care and education systems, this thesis demonstrates how these neoliberal policies drastically changed social welfare practices in Chile during the 1980s, leading to extreme social inequality that has only continued to increase in the last thirty years. This social inequality, as well as the marginalization …

Book Review Of Arnold H. Leibowitz, An Historical-Legal Analysis Of The Impeachments Of Presidents Andrew Johnson, Richard Nixon, And William Clinton: Why The Process Went Wrong, Jeffrey B. Morris

Touro Law Review

No abstract provided.

From Antislavery Lawyer To Chief Justice: The Remarkable But Forgotten Career Of Salmon P. Chase, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The name Salmon P. Chase is barely known and his career is largely forgotten. In this paper, the author seeks to revive his memory by tracing the arc of his career from antislavery lawyer, to antislavery politician, to Chief Justice of the United States. In addition to explaining why this is a career worth both remembering and honoring, the author offers some possible reasons why his remarkable achievements have largely been forgotten.

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Akron Law Faculty Publications

People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …

Decommissioning Orleans Parish Prison: A Campaign To Build A Safer New Orleans / One Local Policy Step To Dismantle The Prison Industrial Complex, Tara M. Echo

Capstone Collection

Today, nearly two and a half million people in the U.S. are living in cages, with New Orleans holding the highest per capita rate of incarceration. While we have consistently seen that building cages does not bring us any closer to actualizing safety, the sheriff and other city officials of New Orleans justify a financially profitable plan to create more cages-to warehouse more of the city's people-in the name of safety.

Using an abolitionist framework, this paper examines safety by differentiating between contributing factors of being secure and factors which create harm in our communities. By tracing these factors to …

States' Rights Apogee, 1760-1840, Ryan Setliff

Masters Theses

America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky Resolutions would gain …

A Comparative Analysis Of The Transitional Effect Of Democratic Regime Change On Human Rights Development, Alana Mcelhinney

Political Science Theses and Capstones

It has been a long-standing topic of discussion within the field of political science on the extent to which the establishment of democratic regime characteristics influences the development of human rights. While there is considerable research in the areas of democracy and human rights, what the literature lacks is research towards the growth of democratic regime characteristics being causal to the development of human rights practices. This analysis shows that a transition in democratic regime characteristics is directly linked to the development of human rights. After completing case-study analysis and developing causal theory I take data from the years 1981 …

The Effects Of Tribal Governments On Reservation Poverty Rates, Heather Raisch

Political Science Theses and Capstones

Poverty rates on Indian reservations are far higher than the national average. Since Tribal Governments have at least some control over these reservations, to what extent are they to blame for these higher than average poverty rates? I look at each reservation and their type of government, constitution, policies and demographics to analyze the causes of their poverty as it relates to tribal government. There are many other pieces of research that are similar to this, but none looking specifically at the overall effects the government has on its community. My hypothesis is that communities with higher poverty rates tend …

A Brief Research On 1936 Soviet Constitution Under Joseph Stalin, Jingyuan Qian

The Macalester Review

The mission of this paper is to examine the Soviet Union's first constitution in 1936. It attempts to analyze how the social and economic conditions presented in USSR, as well as the personality of Joseph Stalin, stimulated the need to make a constitution. It also attempts to evaluate the influence of this constitution in the contemporary Soviet Society. I would like to thank Prof. Weisensel for his kind review and precious suggestions on this research paper.

Study Guide For United In Anger: A History Of Act Up, Matt Brim

Open Educational Resources

The United in Anger Study Guide facilitates classroom and activist engagement with Jim Hubbard’s 2012 documentary, United in Anger: A History of ACT UP. The Study Guide contains discussion sections, projects and exercises, and resources for further research about the activism of the New York chapter of ACT UP (AIDS Coalition to Unleash Power). The Study Guide is a free, interactive, multimedia resource for understanding the legacy of ACT UP, the film’s role in preserving that legacy, and its meaning for viewers' lives.

Joyce Apsel On The Oxford Handbook Of Genocide Studies. Edited By Donald Bloxham & A. Dirk Moses. New York, Ny: Oxford University Press, 2010. 675pp., Joyce Apsel

Human Rights & Human Welfare

A review of:

The Oxford Handbook of Genocide Studies. Edited by Donald Bloxham & A. Dirk Moses. New York, NY: Oxford University Press, 2010. 675pp.

Confronting “Indivisibility” In The History Of Economic And Social Rights: From Parity To Priority And Back Again, Roland Burke

Human Rights & Human Welfare

A review of:

Indivisible Human Rights. By Daniel Whelan. Philadelphia: University of Pennsylvania Press. 2010. 269pp.

Challenging Notions Of U.S. Citizenship: The Contributions Of Mexican Americans, Tracy E. Kirby

Master's Theses

The United States has always been a nation of immigrants, in which the idea of “citizenship” has had very strong intrinsic values, and has divided those who “have it” from those who “don’t,” since the first legal construction of such categories in 1790. Longstanding contradictions, characterized by ceremonies awarding citizenship to some and laws of exclusion, deportation, and forced removal for others, have embodied U.S. approaches to citizenship, and created a dichotomy between “citizen” and “alien.” This Master's Thesis will initiate a discussion and reformulation of what it means to be a citizen in the United States, and more importantly …

The Two Faces Of American Freedom: A Reply, Aziz Rana

Cornell Law Faculty Publications

No abstract provided.

Development For The Past, Present, And Future: Defining And Measuring Sustainable Development, Max Cantor

Senior Honors Projects

In 1987, the United Nations released the Brundtland Report, which defined sustainable development as “development which meets the needs of the present without compromising the ability of future generations to meet their own needs.” While this definition provides a relatively stable theoretical base from which development economists and political scientists can begin to tackle issues surrounding sustainable development, the inherently amorphous nature of this definition has also created a fair amount of ambiguity in both the economic literature surrounding sustainable development and the subsequent attempts by economists to measure it.

Historically, those interested in the science of development have typically …

Ethnic Cleansing As Euphemism, Metaphor, Criminology And Law, Todd Haugh

All Faculty Scholarship

No abstract provided.

David P. Forsythe And Charles J. Mach On Empire Of Humanity: A History Of Humanitarianism. By Michael Barnett. Ithaca, Ny: Cornell University Press, 2011. 312pp., David P. Forsythe, Charles J. Mach

Human Rights & Human Welfare

A review of:

Empire of Humanity: A History of Humanitarianism. By Michael Barnett. Ithaca, NY: Cornell University Press, 2011. 312pp.

Preservation Ethics In The Case Of Nebraska's Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966–1975), the Commercial Architecture Era (1976–1991), and the Progressive Planning Era (1992–2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources pertaining to the settlement of the …

Governing Gambling In The United States, Maria E. Garcia

CMC Senior Theses

The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering.

In an effort to …

Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz

Library Faculty Research

For a Camelot-era piece of legislation, the Wire Act has a long and unintended shadow. Used haltingly in the 1960s, when the Wire Act failed to deliver the death blow to organized crime, 1970’s Racketeer-Influenced and Corrupt Organizations Act (RICO) became a far better weapon against the mob. Yet starting in the 1990s, the Wire Act enjoyed a second life, when the Justice Department used to it prosecute operators of online betting Web sites that, headquartered in jurisdictions where such businesses were legal, took bets from American citizens. The legislative history of the Wire Act, however, suggests that it was …

"Good Politics Is Good Government": The Troubling History Of Mayoral Control Of The Public Schools In Twentieth-Century Chicago, James (Jim) C. Carl

Educational Studies, Research, and Technology Department Faculty Publications

This article looks at urban education through the vantage point of Chicago's mayors. It begins with Carter H. Harrison II (who served from 1897 to 1905 and again from 1911 to 1915) and ends with Richard M. Daley (1989 to the present), with most of the focus on four long-serving mayors: William Hale Thompson (1915--23 and 1927--31), Edward Kelly (1933--47), Richard J. Daley (1955--76), and Harold Washington (1983--87). Mayors exercised significant leverage in the Chicago Public Schools throughout the twentieth century, making the history of Chicago mayors' educational politics relevant to the contemporary trend in urban education to give more …

Full Faith And Credit In The Early Congress, Stephen E. Sachs

Faculty Scholarship

After more than 200 years, the Full Faith and Credit Clause remains poorly understood. The Clause first issues a self-executing command (that "Full Faith and Credit shall be given"), and then empowers Congress to prescribe the manner of proof and the "Effect" of state records in other states. But if states must accord each other full faith and credit-and if nothing could be more than full-then what "Effect" could Congress give state records that they wouldn't have already? And conversely, how could Congress in any way reduce or alter the faith and credit that is due?

This Article seeks to …

Stephen James On Human Rights At The Un: The Political History Of Universal Justice By Roger Normand & Sarah Zaidi. Bloomington, In: Indiana University Press. 2008. 486pp., Stephen James

Human Rights & Human Welfare

A review of:

Human Rights at the UN: The Political History of Universal Justice by Roger Normand & Sarah Zaidi. Bloomington, IN: Indiana University Press. 2008. 486pp.

Governor James G. Scrugham And The Search For Economic Prosperity For Nevada, 1923--1927, Paul Robert Bruno

UNLV Theses, Dissertations, Professional Papers, and Capstones

James G. Scrugham, Nevada's 14 th governor, assumed office during the economic downturn of the early 1920s. The Comstock, and Tonopah - Goldfield mining boom days were in the past, and the new governor made development of a sustainable economic model for the state the top priority of his administration.

Governor Scrugham focused on education, irrigation, parks, and highways as vehicles for economic development, and significant accomplishments were made in all these areas during his term. The governor's initiatives, however, failed to immediately alter the state's economy away from agriculture and mining. The passage of the gambling and divorce bill …