Law Commons^™

The Munemitsu Legacy: The Japanese American Family Behind Mendez V. Westminster: California’S First Successful Desegregation Case, Annie Tang

Library Articles and Research

"Many Orange County, California schoolchildren know the name 'Mendez.' After all, the iconic name is front and center of the landmark civil rights case that desegregated several of the county’s public schools in 1947, preceding the 1954 Brown v. Board case on a national level. The Mendez family, one of five Latino families which challenged several school districts in the county on their practice of Mexican-only schools, had their name immortalized in history. But the Mendezes would not have been able to lead the legal charge if it was not for another family of color, the Munemitsus, the Japanese American …

U.S. War Crimes And Accountability With The International Criminal Court: A Critique, Johanna M. Leffler

Senior Honors Projects

JOHANNA LEFFLER (International Studies, French)

U.S. War Crimes and Accountability with the International Criminal Court: A Critique

Sponsor: Kristin Johnson (Political Science)

Throughout my undergraduate career I have studied a variety of subjects within international affairs. The fall of my 2019-2020 year while studying abroad at The Institute for Political Studies of Rennes, France, was where I studied a particularly thought-provoking subject, Mondialisation et Droit de l’Homme (Globalization and Human Rights). We studied the evolution of international law, the justice institutions which uphold it, and how modern globalization impacts human rights. The subject matter and discussion with my international classmates …

Shinall, David L. (Sc 3572), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 3572. Taped interviews by David Shinall, a reporter for WKU’s College Heights Herald, with justices of the Kentucky Supreme Court, made prior to a session of the court held on WKU’s campus on 18 April 2002.

Yes We Can Bookmark

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Book mark with quote on back and Barak Obama image, signature and slogan for 2008 presidential campaign on the front.

Lopez V. Seccombe: The City Of San Bernardino’S Mexican American Defense Committee And Its Role In Regional And National Desegregation, Mark Ocegueda

History in the Making

This article examines Lopez v. Seccombe, one of the earliest successful desegregation court cases in United States history. The legal challenge was decided in 1944 in the City of San Bernardino, California and desegregated city parks and recreational facilities, specifically the Perris Hill “plunge” or pool. The decision of this case set precedent for other local desegregation challenges, including the much more celebrated Mendez v. Westminster decision in 1947, and eventually had influence on the landmark Supreme Court decision of Brown v. Board of Education in 1954. This study will focus on the Mexican American barrio in San Bernardino’s Westside, …

The Meaning Of Mcdonald's [(R)], Laura A. Heymann

Popular Media

No abstract provided.

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Urban Warfare: Emerging Geopolitical Conundrum, Bert Chapman

Libraries Faculty and Staff Presentations

Urban warfare is as old as human history. It is becoming increasingly important in international political and military planning due to increasing global urbanization and the presence of megacities (urban areas with populations exceeding 10 million) in many global regions and being in areas of recent and potential military conflict. 2018 World Bank data notes that approximately 56% of the world's population lives in urban areas which is up from 34% in 1960. Many of these megacities, including New York City, Los Angeles, Sao Paulo, Mumbai, Shanghai, and Manila are adjacent to oceanic waters and vulnerable to trade and supply …

A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams

Washington and Lee Law Review Online

Since the broadcast killing of George Floyd by four Minneapolis police officers on May 25, all levels of government, and institutions of every kind, have scrambled with breakneck speed to confront their own ties to America’s most deeply entrenched demons: White supremacy and systematic racism. Washington and Lee has certainly not been exempt from this reckoning. A majority of its faculty and student body have already passed resolutions calling for the removal of Robert E. Lee’s name from the university. As a direct descendent of those enslaved by the school, I commend these resolutions; yet, I strongly offer that a …

Publicly Accessible National Security Information Resources: An Untapped Treasure Trove, Bert Chapman

Libraries Faculty and Staff Presentations

This presentation demonstrates the wide variety of publicly accessible U.S. Government national security information resources. It includes information on the U.S. constitutional foundations of national security policy, a recent annual defense spending bill, documents from the White House/National Security Council, Department of Defense, various military branches including professional military educational institutions, assorted U.S. intelligence agencies, congressional legislation, congressional committee reports on legislation, congressional committee hearings, and reports from congressional support agencies such as the Congressional Budget Office. It concludes by stressing the multiple benefits provided by having public access to these information resources.

Without Personhood: The Missing Point Of Slaves In Missouri's Emancipation-By-Residency Freedom Suit Jurisprudence, 1824-1837, Jacob Alfred Brandler

MSU Graduate Theses

From 1824 to 1837, the Supreme Court of Missouri developed a sophisticated caselaw establishing emancipation-by-residency—where a Missouri court could liberate an enslaved petitioner because of their residence in a free jurisdiction—as a basis of freedom suits. In 1852, however, the Court undermined the precedential value of those decisions and dismantled this basis when deciding Dred Scott’s case, Scott v. Emerson. Scholarship on Missouri’s freedom suits has highlighted how partisanship and the political atmosphere in Missouri as well as across the nation contributed to this outcome. This study adds to the historiography how the previous caselaw itself predisposed the result; …

De Libero Conscientia: Martin Luther’S Rediscovery Of Liberty Of Conscience And Its Synthesis Of The Ancients And The Influence Of The Moderns, Bessie S. Blackburn

Liberty University Journal of Statesmanship & Public Policy

One fateful day on March 26, 1521, a lowly Augustinian monk was cited to appear before the Diet of Worms.[1] His habit trailed behind him as he braced for the questioning. He was firm, yet troubled. He boldly proclaimed: “If I am not convinced by proofs from Scripture, or clear theological reasons, I remain convinced by the passages which I have quoted from Scripture, and my conscience is held captive by the Word of God. I cannot and will not retract, for it is neither prudent nor right to go against one’s conscience. So help me God, …

Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Law School News: Remembering John Lewis 07-18-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Art Of Not Seeing: The Immigration And Naturalization Service’S Failed Search For Nazi Collaborators In The United States, 1945-1979, Jeffrey Davis

Masters Theses

From 1945 to 1979, the Immigration and Naturalization Service was responsible for identifying and prosecuting Nazi collaborators and potential war criminals in the United States. It failed in this task for a number of reasons. The first of these was that the agency was severely disorganized and mismanaged. Reliance on interagency cooperation, lack of manpower and resources, and lack of institutional support for “Nazi hunters” posed further problems. Morale crises among employees and the legal difficulties of actually prosecuting Nazi collaborators also hampered the agency’s effectiveness. Most importantly, the agency was overwhelmingly focused on policing the southern border and preventing …

White Saviors, Brandon Hasbrouck

Washington and Lee Law Review Online

It is time for Washington and Lee University to drop both George Washington and Robert E. Lee from the University name. The predominantly White faculty at Washington and Lee recently announced that it will petition the Board of Trustees to remove Lee from the University name. This is the first time in Washington and Lee’s history that the faculty has drafted such a petition. It is worth exploring why the faculty has decided to make a collective statement on Lee now and why the faculty has not included a demand to drop Washington in their petition. The answer is simple—it …

Mcgirt V. Oklahoma, United States Supreme Court, Neil M. Gorsuch

US Government Documents related to Indigenous Nations

This United States (US) Supreme Court case, decided July 9, 2020, clarified the boundaries of Indigenous land within the state of Oklahoma (OK) and, by extension, the limits of Oklahoma’s jurisdictional reach. Following the perpetration of his crimes in 1997, Oklahoma state court convicted Jimcy McGirt of three sexual offenses; however, McGirt contended that the state lacked the jurisdiction to try him for these crimes because he is an enrolled member of the Seminole Nation and because his crimes took place on the Creek Reservation (Muscogee Nation). Oklahoma argued that although an 1883 Treaty established a section of land for …

Literature Review: How U.S. Government Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

This article emphasizes the increasing importance of artificial intelligence (AI) in military and national security policy making. It seeks to inform interested individuals about the proliferation of publicly accessible U.S. government and military literature on this multifaceted topic. An additional objective of this endeavor is encouraging greater public awareness of and participation in emerging public policy debate on AI's moral and national security implications..

Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Indian Reservation (North Dakota), Department Of The Interior, Daniel H. Jorjani

US Government Documents related to Indigenous Nations

This memorandum, dated May 26, 2020, from the United States Department of the Interior (Office of the Solicitor) to the Assistant Secretary of US Indian Affairs and the Assistant Secretary of Land and Minerals Management rescinds the Solicitor’s January 18, 2017 opinion regarding mineral rights on the Fort Berthold Reservation and asserts that the state of North Dakota, not the Three Affiliated Tribes, is the legal owner of the submerged lands beneath the Missouri River. The Solicitor cites the “Historical Examination of the Missouri River within the Fort Berthold Indian Reservation, Precontact-1902” and his interpretation of laws and case precedent …

A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone

College Honors Program

This thesis centers on the interrelationships and differences in firearm legislation and culture within the United States of America and Australia. As a result of the Port Arthur Massacre on April 28, 1996, Australia was faced with an unprecedented mass shooting that completely shifted Australian politics and culture regarding firearm safety and availability. Thus, the thesis inquiries into the effectiveness of Australia’s buyback program as well as the cultural and political factors that allowed for such legislation to be passed. After suffering 118 mass shootings in the U.S. since 1982, the history of the United States regarding gun control is …

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick

Biography

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors

John D. Feerick’s life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classical American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, The Further Shore, Feerick shares his inspiring story, from its humble beginnings born to immigrant parents in the South Bronx, going …

The Israeli-Palestinian Conflict In The Trump Era: A Human Rights Perspective, Manny Rodriguez

Senior Theses and Projects

The Israeli-Palestinian conflict has been an ongoing war in the Middle East that began in the mid-20th century. Over the last seventy years, the region has been characterized by widespread violence and war as disputes over territory and religious freedom have heightened tensions between the Israelis and Palestinians. Many countries, especially the United States, have attempted to resolve the conflict and bring peace to the region. Since the conflict started, U.S. presidents, both Republican and Democrat alike, have generally maintained a similar, pro-Israel approach while attempting to be inclusive of the Palestinian community. However, the election of Donald J. Trump …

Racialized Tax Inequity: Wealth, Racism, And The U.S. System Of Taxation, Palma Joy Strand, Nicholas A. Mirkay

Northwestern Journal of Law & Social Policy

This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been fueled by racial animus and anxiety. A critical tax view (the how) highlights a shift over the same time period at both federal and state levels from taxes on wealth, to taxes on income, and then to taxes on consumption—from greater to less progressivity. Both of these …

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …

The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries

Honors Thesis

This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In …

Compensation Regarding The Sioux Nation, Jacob Degallery

Student Writing

The Sioux Nation has been treated unfairly during the Lakota Wars and is still facing many of the same problems with reservation land rights. By looking at past and recent incidents, such as the injustice of removing of Sioux from the Black Hills and the Dakota Pipeline, the problem is explained, and potential solutions can be discussed. The Sioux should be fairly compensated for the loss of land and further land violations such as the issues regarding the Standing Rock Reservation stopped. The possibilities of Tribal Sovereignty and recognition within the Black Hills are specifically mentioned as potential solutions to …

Carter, Will-Parker (Sc 3517), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 3517. “A Life of Service: The Domestic Healthcare Policies of Dr. Tim Lee Carter,” a research paper by Kentucky congressman Carter’s great-nephew Will-Carter Parker, written while he was a student at Georgetown College, Georgetown, Kentucky. He reviews Dr. Carter’s legislative work and argues that his ideas influenced the content of the Patient Protection and Affordable Care Act (2010).

Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Fuqua, William G., B. 1930 (Sc 3507), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 3507. “A Judge’s Retirement Reflections,” by William G. Fuqua, Judge, Logan (County, Kentucky) Circuit Court, inscribed 14 July 1995; and a letter to Fuqua, 6 September 1990, from Bowling Green, Kentucky attorney Philip Huddleston soliciting contribution of an article for the newsletter of the local bar.