Law Commons^™

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 14^th 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 …

Law And Its Limits: Ethical Issues In Mary Shelley’S Frankenstein Or, The Modern Prometheus, David S. Caudill

St. Mary's Journal on Legal Malpractice & Ethics

The law and literature movement is frequently associated with the use of literary images of law as a point of reflection upon the ethical obligations of lawyers. Mary Shelley’s Frankenstein (1818)—the story of a young scientist whose unorthodox experiments end up creating the famed “monster”—is not, at first glance, a likely candidate for that enterprise. However, Dr. Frankenstein’s ambition and ruthless pursuit of knowledge has become a contemporary image of science out of control and the need for ethical limitations on scientific progress. Consequently, the novel raises currently important issues of regulating science and technology. Given the lawyer’s ethical obligation …

A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush

Senior Theses

This project analyzes the stereotypical image of lawyers in popular culture, focusing on either overly demonic or unrealistically heroic. Both stereotypes that are common portrayals of attorneys in popular culture are unrealistic and deny society a true comprehension of the profession. Popular culture has molded the image of lawyers to the characteristics that sell, rather than focusing on a realistic portrayal. Therefore, popular culture creates a falsely dramatized image of attorneys to generate revenue, putting the reputation and future of the profession as risk. These stereotypes are exemplified in this project through a close literary analysis of lawyer characters from …

Critical Discourse Analysis: Sexual Violence In Maine Department Of Public Safety (Dps) "Crime In Maine" Reports, Emma V. Grous

Honors College

Sexual violence is incredibly prevalent in the state of Maine. These crimes, which disproportionately affect at-risk communities – women, children, people of color, and impoverished persons – are not accurately represented in legal discourses within Maine. Changes to how victims and survivors of sexual violence are represented and discussed in law enforcement reports and other materials are necessary in order to promote social change and justice for the survivors in our communities.

Critical Discourse Analysis has been used broadly since its conception and has even previously been used in understanding political and social implications of discourse in the United States. …

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 …

Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton

Faculty Journal Articles

This paper examines two speculative examinations of humanity as a unified species and agent of ecological change: Ursula K. Le Guin’s Hainish Cycle and the rights of nature movement. Le Guin’s Cycle imagines the slow interplanetary reintegration of human polities against a backdrop of cultural and environmental difference. I read the novels of the Cycle as an allegory for the rights of nature movement, which seeks to synthesize traditional and modern knowledge in a legal solution to ecological crisis. Both discourses, I argue, productively imagine a new historical understanding of humanity’s place on Earth, but they provide a weak theory …

Shakespeare And The Supreme Court: How The Justices Reveal Their Ideologies By Referencing His Works, Rachel Anderson

Honors Projects

The works of William Shakespeare have been referenced many times throughout history, even by Supreme Court justices. Building off of an observation of a mock trial by James Shapiro, this project puts the utilization of Shakespeare from three Court opinions in relation to its context within the play and the opinion to examine what the reference reveals about the authoring justices' ideology. In doing so, this project concludes that the justices utilize Shakespeare's works in their opinions for various reasons, including to infuse their beliefs into their argument. This implies that Supreme Court justices do not base their opinions on …

The Dream Of Property: Law And Environment In William T. Vollmann’S Dying Grass And Leslie Marmon Silko’S Almanac Of The Dead, Ted Hamilton

Faculty Journal Articles

This article describes how the law inflects the narration of environmental conflict in William T. Vollmann’s Dying Grass (2015) and Leslie Marmon Silko’s Almanac of the Dead (1991). By focusing on the legal common sense of settler colonialism—its emphasis on private property in land and its subjugation of Indigenous peoples to the guardianship of the state—the article explores the ways in which Vollmann’s and Silko’s novels present counternarratives to the law’s story of justified conquest. Combining a law and literature approach with ecocriticism, this article highlights the importance of the legal imagination in defining human-land relations in the United States. …

Othering In Immigration Laws, Andrea Wright, Quenten Jackson, Cesar Raymundo

Immigration Scholarship: History, Trends and Development in Global Immigration

The ethical wrongs in immigration laws severely impact what it means to be an immigrant American citizen. The Hispanic and Latino groups experience “citizenship” in the United States in a way that portrays them as uneducated and poor criminals, and this paper seeks to understand the reasoning behind this unfair reputation. In order to answer questions of ethics and law, this paper begins with studying the root of othering, regarding immigration in the United States. This research paper investigates the evolution of race-based exclusion laws in immigration and focuses on the relationship between these exclusion laws and race hierarchy in …

_Not That Bad_: Lessons Women Learn In A Rape Culture, Sydney J. Selman

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

In 2018, Roxane Gay assembled an anthology that addresses the severity of rape, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape culture …

Forbidden Forests: Negotiating Censorship In Children's And Young Adult Literature During A New Era Of Conservatism In 2022 And Beyond, Avila Hendricks

Title III Professional Development Reports

Harambee! In Swahili, “Harambee” means “All pull together!” The impetus for this report grew out of a unifying discussion with other 2022 Children's Literature Association (ChLA) conference attendees.These discussions led to the decision to “pull together” against the rise of “extreme” conservatism and the increase of banned books across the United States.

This report offers insight into some of the issues surrounding the increase in censorship in children's and young adult literature. It includes a brief review of the recently scrutinized book, Dear Martin by Nic Stone, and it concludes with some recommendations for negotiating censorship in conservative communities.

A “Hired Girl” Testifies Against The “Son Of A Prominent Family”: Bastardy And Rape On The Nineteenth-Century Nebraska Plains, Donna Rae Devlin

Department of History: Faculty Publications

In Red Cloud, Nebraska, in 1887, Anna “Annie” Sadilek (later Pavelka) pressed bastardy charges against the “son of a prominent family,” even though she could have, according to her pretrial testimony, pressed charges for rape. To the literary world, Sadilek is better known as Ántonia Shimerda, the powerful protagonist in Willa Cather’s 1918 novel, My Ántonia. However, it is Sadilek’s real-life experience that allows us to better understand life on the Nebraska Plains, specifically through an examination of the state’s rape laws and the ways these laws were subsequently interpreted by the courts. The Nebraska Supreme Court, between 1877 …

The Dilemma Of Banned Books: Questioning The Ethics Of Censoring Literature In Schools, Kyle King

Augustana Center for the Study of Ethics Essay Contest

Literature, specifically in the form of novels, has been a vital organ of the public education system within the United States. Not only does reading such works transform us into better close readers and strengthen our vocabulary, but the texts at hand can be very essential to analyze specific contexts or issues that might have existed either throughout history or even in the present day. In today’s country, the issue of banning certain books from school curricula has become as prevalent as ever, where mostly Southern Republican officials are calling for lists of books to be restricted from teaching due …

Yahweh’S Benevolence Vs. Anat’S Malevolence: A Comparative Analysis Of Judges 4–5 And Col Ii 1–Col Iii 2, Michaela Misantone

Senior Honors Theses

The actions of ancient Near Eastern warrior gods are often depicted as acts of vengeance, greed, and brutality, serving selfish ambition and never-ending power struggles. These gods and their warfare ethic dominated the worldview of the ancient world in which the events of the Old Testament took place. The actions of the Hebrew God are often included, even emphasized, in discussions of ancient divine warfare today. There are supposed similarities between the actions of war gods like Anat from the Ugaritic pantheon and those of Yahweh from ancient Israel. Unfortunately, this has led to the present-day belief that the God …

Boston Discusses The Massacre, Jean C. O'Connor

The Montana English Journal

Teachers may use this chapter from The Remarkable Cause: A Novel of James Lovell and the Crucible of the Revolution as a short story for grades 7 – 12., to explore themes of interpersonal conflict, conflict resolution, and the value of law.

The chapter “Boston Discusses the Massacre” is taken from The Remarkable Cause: A Novel of James Lovell and the Crucible of the Revolution (Knox Press, 2020), and used with permission. James Lovell, teacher at the Boston Latin School, discusses the pivotal events of March 5, 1770. As the conflicts that become the American Revolution begin a group of …

Breaking Free: Detectives Let The Guilty Walk, Cassandra Holcombe

All Master's Theses

In a genre like detective fiction, known for affirming social order, the refusal to enforce rule of law seems like an anomaly. The number of famous detectives who have let a perpetrator go suggests that release of suspects is not a break in genre conventions, but is a wider pattern that needs to be acknowledged. This study investigates that pattern by measuring the complexity of thirteen detectives: eleven of whom release perpetrators and two of whom do not, to serve as a control group. The higher the complexity of the character, the more human the character seems to be. The …

Agatha Christie: A Look Into Criminal Procedure And Gender, Carmella Monico

Theses/Capstones/Creative Projects

With 2020 being the 100^th year since Agatha Christie’s first novel, The Mysterious Affair at Styles, was published, it seems fitting to celebrate such an accomplished author with a deeper look into the inner workings of her novels. While she wrote mystery novels that involved many detectives, the two most popular are Hercule Poirot and Miss Marple. This paper will examine these two detectives in regard to the criminal procedure each uses to solve their respective cases. Would her detectives’ work hold up in court then or even today? Additionally, the difference in gender between Poirot and Marple …

Existentially Guilty: Where Do I Go From Here?, Devontae Wilson

Master of Arts in English Plan II Graduate Projects

Teachers, students, parents, and even politicians have been forced to confront the by-products of not having difficult conversations about race and class. Political pundits are using this moment in history sparked by recorded injustice and the publicized murders of unarmed black people at the hands of law enforcement to demonize Critical Race Theory (CRT), a framework created to analyze how the law is racialized. This portfolio is largely a result of Dr. Rudine Sims-Bishop’s “Mirrors, Windows, and Sliding Glass Doors” and contextualizing it through my personal experience as a classroom teacher, as a black man in a majority white, female …

“All Wrong In Point Of Political Economy”: Attempting To Salvage The Oikos From The Polis In Bleak House, Leah Casey

Independent Student Projects and Publications

This paper proposes that Dickens’s Bleak House is symptomatic of a so-called social realm, in which neither oikos nor polis exists as a distinct, autonomous entity; therefore, neither can offer sanctuary or adequately discharge the historical role of the household – maintaining life. In this zone of indistinction, the symbolic structures of London’s law have become the city’s physical structures, leading to symptoms like Jo the outlaw, whose illness and death is attributed to the failure of both the polis and the oikos – the city’s legal housekeeping and the law-as-house, respectively ­– to maintain life. London’s law has become …

Not That Bad: Lessons Women Learn In A Rape Culture, Sydney J. Selman

EURēCA: Exhibition of Undergraduate Research and Creative Achievement

In 2018, Roxane Gay assembled an anthology that addresses the severity of rape culture, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape …

In The Spirit Of St. Peter Claver: Social Justice And Black Catholicism In San Antonio, Philip Lampe Ph.D.

Verbum Incarnatum: An Academic Journal of Social Justice

The editors want to take the space reserved for the abstract to say that this is the final piece of research that Phil Lampe completed before his passing. We publish it here posthumously in tribute to Phil’s tireless work for social justice, as editor of Verbum Incarnatum, as researcher of social-justice efforts in South Texas and Mexico, and as an educator committed to inspiring students to pursue justice in their lives outside the academy.

Social Justice In The Cigar Factory: The Finck Cigar Strikes, 1933-1935, Roger Barnes

Verbum Incarnatum: An Academic Journal of Social Justice

No abstract provided.

A Participatory Action Research Study Of Police Interviewing Following Crisis Intervention Team Training, Maria Felix-Ortiz, Catherine Steele, Marisa Deguzman, Georgen Guerrero, Melissa Graham

Verbum Incarnatum: An Academic Journal of Social Justice

Estimates vary, but a third to one half of individuals shot and killed by police have a mental illness or disability, and many who are taken into custody languish in county jails where no treatment for their illness is available. The Crisis Intervention Team (CIT) model is an increasingly important adjunct to U.S. police training because it de-escalates tense situations, diverts people with mental illness away from jail and into treatment, and can reduce the risk of civilian deaths during a police encounter. As such, it is a strategy for reducing the social injustice of incarceration or deaths of people …

Promises Endure: Historical Views Of Nursing Faculty, Laura R. Muñoz

Verbum Incarnatum: An Academic Journal of Social Justice

Lessons learned from the history of an organization are valuable. This is especially true for an organization with the legacy held by the Ila Faye Miller School of Nursing and Health Professions at the University of the Incarnate Word. Memories recounted by nursing faculty were collected to enhance information provided in the two-volume chronicle written by Sister Patrice Slattery in 1995 entitled, “Promises to Keep” and the last history of the school, “The Story of One School of Nursing” written by Sister Charles Marie Frank in 1976.

May Swenson's Exploration Of Existence And Purpose Through Poetry, Lauren Cunningham

Student Research Symposium

May Swenson explores the idea of belonging, purpose and life by exemplifying that these topics are affected by nature, upbringing, and the environment surrounding an individual, as well as exploring if we experience life or if we are life. Through her writing, Swenson argues that all life is equally valuable, and a being’s purpose is dependent upon belief and circumstance. Presentation Time: Wednesday, 9-10 a.m. Zoom link: https://usu-edu.zoom.us/j/81298203941?pwd=WXZkRjhqdlZNTVlidXk3UnB1K2VtUT09

United States Judicial System Failures And Solutions, Braden P. Barker

English Department: Research for Change - Wicked Problems in Our World

For years, the American judicial system has unfairly punished the American people. These actions have led to serious societal consequences. We have prisons that sentence people to harsh punishment for nonviolent offenses, an overfunded and militarized police force, and racial biases that lead to the tragic killings of black people at the hands of the police that are intended to protect and serve us. This essay looks to diagnose the United States judicial system’s woes. More importantly, we take a look at what steps can be taken immediately to begin reversing the negative impact of these issues.

Guns And Their Place In The Us, Jacob Garibaldi

English Department: Research for Change - Wicked Problems in Our World

Creating this paper was a wicked problem due to how deep of an issue the gun debate is in the United States. In the discussion of guns, there is a side that wants to abolish them, a side that believes in the right of the second amendment, and a middle ground where we can have guns in society with added in legal measures. Surely enough, those that are in opposition to firearms are persuaded due to the acts of violence and crime committed with them. Then there are those that use them in a way of self-defense. Through this paper, …

U.S. Prisons And System Reform, Darian Reimels

English Department: Research for Change - Wicked Problems in Our World

Prison systems, specifically in the U.S., are a wicked problem. For years prisoners have been treated inhumanely inside and outside of prison, with everyone looking at them with a judgmental eye. This essay aims to point out and bring light to these issues within the prison system. Specifically, it focuses on how inmates are treated during and after serving their sentence, and solitary confinement. To better understand and explain the problems to you, extensive research was done. Articles were read, organizations were researched, and a documentary was watched to gather the information needed to write this essay. The results showed …

Review Of Ruth Objects: The Life Of Ruth Bader Ginsburg By Doreen Rappaport, Grace Kohler

Library Intern Book Reviews

No abstract provided.

A Letter To The United States Government On Wealth And Income Inequality, Matthieu Maier

English Department: Research for Change - Wicked Problems in Our World

The United States of America is the world’s hotspot when it comes to income and wealth inequality. The wealthiest Americans are accumulating more and more wealth everyday while most Americans, who fall somewhere around middle-class, remain struggling and stagnant. The United States’ unchecked and deregulated system of capitalism is the root cause of our country’s inequities along with our government’s refusal to set aside self-interests and biases in order to combat these issues. From the inequality caused by rouged American systems larger issues are created that lead to complications in health, wages, standard of living, and race relations within our …