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Full-Text Articles in Law

Une Histoire Pragmatique Du Politique, William J. Novak, Stephen W. Sawyer Dec 2023

Une Histoire Pragmatique Du Politique, William J. Novak, Stephen W. Sawyer

Articles

Comme le montre ce numero, nous ne sommes guere en manque de tentatives recentes de repenser l'histoire du politique. En effet, deux generations d'historiens ont deja produit un grand nombre de nouvelles approches et de perspectives a partir desquelles il est maintenant possible d'etudier l'histoire politique a nouveaux frais. Dans le contexte historiographique americain, nous avons ete temoins d'une serie de nouvelles approches allant de ce que l'on a appele la « nouvelle histoire sociale politique » des annees 1970 a l'effort des sciences sociales pour « repenser l'Etat » (Bringing the State Back In) dans les annees 1980 et …


Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki Nov 2023

Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki

Publications and Research

Review of the book Denial of Genocides in the Twenty-First Century, edited by Bedross Der Matossian.


Johnson, John T., 1820-1875 (Sc 3699), Manuscripts & Folklife Archives Oct 2023

Johnson, John T., 1820-1875 (Sc 3699), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 3699. Case file for T. T. Melburn v. John T. Johnson, U.S. District Court for the District of Kentucky, filed 26 May 1870. Petitioner Melburn, a carpenter and stair builder of Bowling Green, Kentucky, sought an accounting for transactions during his 1869-1870 partnership with Johnson, also a carpenter, of Woodburn, Kentucky, claiming that Johnson had misappropriated assets of the firm and had committed an act of insolvency by transferring land to a relative. The inquiry, conducted by Warner Underwood as Register in Bankruptcy, included depositions from …


A Reflection Of Change: Evolutions In International Water Law Principles Through The Lens Of Euphrates-Tigris Dispute, Maeve Sullivan Oct 2023

A Reflection Of Change: Evolutions In International Water Law Principles Through The Lens Of Euphrates-Tigris Dispute, Maeve Sullivan

Independent Study Project (ISP) Collection

As climate change intensifies, water scarcity will increase. Coupled with a growing global population, water security is a major modern challenge. To bring stability to international watercourses, states must establish effective sharing agreements. On this matter, international water law can help. International water law captures some of the major principles and considerations that states must account for while considering issues related to water security. This paper uses primary interviews and secondary sources to identify some of the major characteristics, features, and developments in international law to develop a conceptual framework for the topic. It then moves into a case study …


“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 …


Whittle, Joseph Merle, B. 1933 (Mss 756), Manuscripts & Folklife Archives Sep 2023

Whittle, Joseph Merle, B. 1933 (Mss 756), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 756. Correspondence and papers of Joseph M. Whittle, a Grayson County attorney who served as U.S. Attorney for the Western District of Kentucky from 1986-1993.


Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs Aug 2023

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.


Ella P. Stewart And The Benefits Of Owning A Neighborhood Pharmacy, Randall K. Johnson Jun 2023

Ella P. Stewart And The Benefits Of Owning A Neighborhood Pharmacy, Randall K. Johnson

Faculty Works

This Essay is the first to explain how and why Ella P. Stewart, who was among the first Black women to earn a doctoral degree in Pharmacy, used her status as a small business owner to protect the limited set of legal rights that were available to African-Americans in the twentieth century. It also describes how Stewart’s early personal and professional experiences informed her subsequent public service career. Additionally, this Essay highlights the various ways that Stewart expanded the real freedoms that Black Americans enjoyed by guaranteeing they received a fair share of public goods or services. It concludes by …


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.


Hunting In Maine, Elizabeth Tibbetts Apr 2023

Hunting In Maine, Elizabeth Tibbetts

Honors College

Hunting remains a common practice for many people in the state of Maine. While the stories and traditions held by hunters differ from person to person and family to family. There are commonalities that aid in building the sense of community between hunters in the state of Maine. This hunting community is strengthened through the sharing of stories and the common traditions shared by many. These communities remain strong even as the Maine landscape and hunting legislation changes over time. Here a number of questions regarding hunting are explored through the lens of one family spanning multiple generations through oral …


Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling Apr 2023

Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling

Honors Theses

This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …


Poland And The Ukraine War: A Geopolitical Analysis, Thomas Pitney Apr 2023

Poland And The Ukraine War: A Geopolitical Analysis, Thomas Pitney

Independent Study Project (ISP) Collection

Poland’s geopolitical role has enhanced since Russia’s invasion of Ukraine on February 24, 2022. As such, Poland’s ambitions have increasingly important implications for regional, European, and global security. The paper attempts to address this phenomenon by posing the following research question: how does Poland pursue its interests in the Ukraine War? Employing qualitative methods on data collected from three formal interviews, one virtual interview, one informal interview, four statements from Poland’s leaders, and a variety of secondary sources, the study aims to answer this question modeling Gyula Csurgai’s (2019) geopolitical analysis framework. The research question is addressed in two ways. …


Eu Migration Policy: Analyzing The Coercive Responses Of Transit Countries Within The Eu’S Framework Of Externalization, Emily Swan Apr 2023

Eu Migration Policy: Analyzing The Coercive Responses Of Transit Countries Within The Eu’S Framework Of Externalization, Emily Swan

Independent Study Project (ISP) Collection

This paper seeks to analyze the intersection between the EU’s increasingly securitized and externalized policies towards migration, and instances of the weaponization of migration on the EU’s external borders. Although scholars have analyzed cases in which states harness migrants as political weapons, depoliticized most depictions apply a moralistic lens that frames these cases as aberrant, decontextualized, and political events. This paper will complicate understandings of the weaponization of migration by analyzing how EU policies of externalization and securitization systematically shape the environment in which it becomes politically advantageous for leaders, such as Recep Tayyip Erdoğan and Alexander Lukashenko, to resort …


Warren Circuit Court - Warren County, Kentucky (Sc 3682), Manuscripts & Folklife Archives Mar 2023

Warren Circuit Court - Warren County, Kentucky (Sc 3682), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 3682. Images of two seals of the Warren County (Kentucky) Circuit Court, one affixed to documents dated 1825 and 1839, and the other to a document dated 1860, together with a letter from the Court Administrator with historical background. Also includes a paper by an unknown author describing the Warren County Court of Quarter Sessions and a few early indictments.


An Expedition To Public Lands, Matthew B. Olsen Feb 2023

An Expedition To Public Lands, Matthew B. Olsen

CAFE Symposium 2023

A look into common ideas appearing in the US public land system. These ideas include "nature as commodity," "nature as unpeopled," and "nature as pristine." The specific areas looked into are Havasu National Wildlife Refuge, Prescott National Forest, Grand Canyon National Park, Gold Butte National Monument, and Death Valley National Park.


Expedition To Washington State: The Pacific Crest Trail, Mt. Rainier, Okanogan-Wenatchee, And Lake Chelan, Riley J. Nolan Feb 2023

Expedition To Washington State: The Pacific Crest Trail, Mt. Rainier, Okanogan-Wenatchee, And Lake Chelan, Riley J. Nolan

CAFE Symposium 2023

Within the United States there are many different agencies that have been tasked with the management of America's Public Lands. Due to America's unique inception, there are many different ideas and concepts that affect how we view these same land units today. This poster delves into four specific land units in Washington State (The Pacific Crest National Trail, the Lake Chelan National Recreation Area, The Okanogan-Wenatchee National Forest, and Mount Rainier National Park) to discuss each area's history and management issues, as well as discuss the effects of society's preconceived notions on each destination. Finally, the poster also discusses what …


Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law Feb 2023

Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah Jan 2023

Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah

Book Chapters

In an increasingly globalized world, a world in flux, which is constantly subject to rapid circulation of information, change is a dimension that we all experience in our lives with ever increasing frequency. Change, be it that of customs and fashion or that of laws and systems of government, is something which now seems impossible to escape. Change is an integral part of our unstable contemporaneity.

This is not only a continuous change but also a rapid one. In such a social and political environment, at a global and local level, it is more and more difficult to find a …


“The Glorious Liberty Of The Children Of God”: Toward A Christian Defense Of Human Rights, John Witte Jr. Jan 2023

“The Glorious Liberty Of The Children Of God”: Toward A Christian Defense Of Human Rights, John Witte Jr.

Faculty Articles

It will come as a surprise to some human rights lawyers to learn that Christianity was a deep and enduring source of human rights and liberties in the Western legal tradition. Our elementary textbooks have long taught us that the history of human rights began in the later seventeenth and eighteenth centuries. Human rights, many of us were taught, were products of the Western Enlightenment—creations of Grotius and Pufendorf, Locke and Rousseau, Montesquieu and Voltaire, Hume and Smith, Jefferson and Madison. Rights were the mighty new weapons forged by American and French revolutionaries who fought in the name of political …


Understanding An American Paradox: An Overview Of The Racial Muslim: When Racism Quashes Religious Freedom, Spearit Jan 2023

Understanding An American Paradox: An Overview Of The Racial Muslim: When Racism Quashes Religious Freedom, Spearit

Articles

In The Racial Muslim: When Racism Quashes Religious Freedom, Sahar Aziz unveils a mechanism that perpetuates the persecution of religion. While the book’s title suggests a problem that engulfs Muslims, it is not a new problem, but instead a recurring theme in American history. Aziz constructs a model that demonstrates how racialization of a religious group imposes racial characteristics on that group, imbuing it with racial stereotypes that effectively treat the group as a racial rather than religious group deserving of religious liberty.

In identifying a racialization process that effectively veils religious discrimination, Aziz’s book points to several important …