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Full-Text Articles in Law

“Always Said To Be Of Indian Extraction”: Native/African American Freedom Suits In Virginia 1773-1853, Cress Ann Posten Sep 2023

“Always Said To Be Of Indian Extraction”: Native/African American Freedom Suits In Virginia 1773-1853, Cress Ann Posten

Doctoral Dissertations and Projects

Freedom suits of enslaved people in Virginia who claimed liberty based upon matrilineal descent from a Native American woman provide a multi-dimensional lens into social, cultural, and legal aspects of colonial and antebellum considerations of race, kinship, and self-determination. Within records of depositions are detailed transcriptions of questions posed to neighbors, family members, acquaintances of enslavers, and slaveowners themselves. Answers reveal a nuanced and complicated set of opinions concerning who had a right to freedom. Local memory banks overflowed with detailed descriptions of the plaintiff and his or her native ancestress, including skin color, hair texture, and manners. Within isolated …


Removing A Log From The Nation’S Eye: A National Self-Analysis Of The Domestic Terrorism Question, Katherine R. Doan May 2023

Removing A Log From The Nation’S Eye: A National Self-Analysis Of The Domestic Terrorism Question, Katherine R. Doan

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Terroristic values are easy to be ascribed to foreign enemies, but it is far more difficult to admit that domestic citizens could be extremist to the point of being labeled a terrorist. Terrorists are not born; they are made. The following research focuses on the commonalities of upbringing in known domestic terrorists within the United States of America that may reveal noticeable similarities in education, radicalization, and identity. The criminal justice system has yet to discover a perfect method of administering retribution to terrorists. While they have broken the law, their intentions and results are not the same as an …


The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei Jan 2023

The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei

Liberty University Journal of Statesmanship & Public Policy

Philosophy of law and legal jurisprudence have received recent attention in the United States due to the significant change in the makeup of the Supreme Court. Historical understanding of the legal philosophies that have influenced the U.S. and the ancient principles upon which they are built must of necessity be properly assessed. This thesis proposes that Aquinas’s conception of Natural Law as the basis for legal teleology provides a superior grounding for American jurisprudence than the theories of legal positivism and critical legal theory due to the superiority of Natural Law’s integration of ultimate final causes. Through a survey of …