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That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick 2020 Fordham University

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 ...


A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris 2019 Allard School of Law at the University of British Columbia

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

Douglas C Harris

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city should pay ...


Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee 2019 University of Pennsylvania Law School

Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee

Faculty Scholarship at Penn Law

This article argues that administrative agencies have been primary interpreters and implementers of the federal Constitution throughout the history of the United States, although the scale and scope of this "administrative constitutionalism" has changed significantly over time as the balance of opportunities and constraints has shifted. Courts have nonetheless cast an increasingly long shadow over the administered Constitution. In part, this is because of the well-known expansion of judicial review in the 20th century. But the shift has as much to do with changes in the legal profession, legal theory, and lawyers’ roles in agency administration. The result is that ...


Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School of Law, Lorraine Lalli, Bre'Anna Metts-Nixon, Michael M. Bowden 2019 Roger Williams University School of Law

Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Royalist Propaganda: Fabrication Of Magna Farta, Daniel R. Palthe 2019 Western Michigan University

Royalist Propaganda: Fabrication Of Magna Farta, Daniel R. Palthe

The Hilltop Review

This paper examines the perception and usage of Magna Carta in interregnum England. The central question is whether or not Oliver Cromwell ever referred to this royal document as the "Magna Farta." While one of the most common posthumous charges against him was a disdain for Magna Carta and English rights, accounts of his calling it a "Magna Farta" are questionable. The ways in which the Magna Carta was actually used under Cromwell rather seems to indicate a different opinion. Essentially, this paper compares royalist propaganda with the Commonwealth's accounts.


Land Tenure In Acadian Agricultural Settlements, 1604-1755: Cultural Retention And The Emergence Of Custom, Carol A. Blasi 2019 University of Maine

Land Tenure In Acadian Agricultural Settlements, 1604-1755: Cultural Retention And The Emergence Of Custom, Carol A. Blasi

Electronic Theses and Dissertations

Starting in 1755, the British began the process of not only expelling some eleven thousand Acadians from their homes and farms, but also of uprooting a culture that had survived for over one hundred and twenty years. This dissertation applies a legal historical approach to elucidate a crucial feature of that culture, namely Acadian land tenure. In particular, it traces the way in which seigneurialism, and the French law supporting it, were central to property formation in Acadian agricultural settlements from their inception to their destruction in 1755.

Scholars have been at best ambivalent, and at worst hostile to the ...


Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr 2019 University of New Mexico - School of Law

Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr

Faculty Book Display Case

Would the United States have developed differently if Virginia had not passed a law in 1670 proclaiming all subsequently arriving Africans as servants for life, or slaves? What if the state had not stripped all Free Blacks and Indians of voting rights in 1723, or outlawed interracial sex for 337 years?

Complicated Lives upends the pervasive belief that all Africans landing on the shores of Virginia beginning in late August 1619, became slaves. In reality, many of these kidnap victims received the status of indentured servants. Indeed, hundreds of thousands of free African Americans in the South and North owned ...


Public Financing Of Elections In The States, Nicholas Meixsell 2019 Union College - Schenectady, NY

Public Financing Of Elections In The States, Nicholas Meixsell

Honors Theses

In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are ...


Cuckoldry And The “Gone For A Soldier” Narrative: Infidelity And Performance Among Eighteenth-Century English Plebeians, Elias Hubbard 2019 Lawrence University

Cuckoldry And The “Gone For A Soldier” Narrative: Infidelity And Performance Among Eighteenth-Century English Plebeians, Elias Hubbard

Lawrence University Honors Projects

This project addresses existing historical arguments about the role of performance in eighteenth-century English plebeian infidelity cases, identifying some of the cultural scripts available to married men and women from popular texts in order to better understand cases of infidelity in contemporary plebeian marriages. The thesis seeks to clarify the effect of infidelity on a plebeian individual’s social standing and relationships, and to draw conclusions about the nature of plebeian infidelity, marriage, and gender in England through the long eighteenth century.

While examining contemporary public texts of cuckoldry, I address how homosocial behavior appears in narratives of cuckoldry, how ...


Herman L. Midlo: Social Ally In Louisiana Religious Civil Rights, Kenneth William-Moran Taylor 2019 University of New Orleans

Herman L. Midlo: Social Ally In Louisiana Religious Civil Rights, Kenneth William-Moran Taylor

University of New Orleans Theses and Dissertations

The study of social allies in the field of American Civil Rights and Liberties History is largely an underappreciated aspect of this historical era. This work argues that social allies and their stories are worthwhile histories that are beneficial to the study of American Civil Rights and Liberties using Louisiana lawyer Herman Lazard Midlo as a case study. Midlo worked as a Louisiana lawyer from the 1930s to 1960s and fought tirelessly for the religious liberties of the Jehovah’s Witness community in the state. His story shows how beneficial and consequential the actions of social allies have had and ...


The History Of Lizzie Borden: Burying The Axe, Christian Ford 2019 James Madison University

The History Of Lizzie Borden: Burying The Axe, Christian Ford

Senior Honors Projects, 2010-current

In 1892, a wealthy Massachusetts couple, Andrew and Abby Borden, were hacked to death during broad daylight in the comfort of their own home. A few weeks later Lizzie Borden, Andrew’s daughter from his first marriage, was arrested for double homicide. Newspapers across the country took hold of the story from the very first day; a wealthy, white, woman being accused of murder was no ordinary affair. For the next year, the nation was gripped to the news as the case revealed an everlasting list of strange characters and showed the dark underbelly of the small industrial city of ...


The United States' Relationship With The Insanity Defense Before And After United States V. Hinckley, Natalie R. Peterman 2019 Lakeridge High School

The United States' Relationship With The Insanity Defense Before And After United States V. Hinckley, Natalie R. Peterman

Young Historians Conference

The United States legal system has had a fluctuating relationship with the insanity defense for decades, and the trial of United States v. Hinckley was a critical milestone for this development. Before John Hinckley, Jr. attempted to assassinate President Ronald Reagan in 1981 and the jury of his trial found him not guilty, American society generally agreed with the death penalty, but both the public and the government were outraged after Hinckley’s verdict. This outrage and the subsequent political backlash against the insanity defense were motivated by progress in the area of mental illness treatment in the United States ...


When The Courts Were Tripping: An Analysis Of Employment Division V Smith And Its Impact On Oregon Law, Lucy C. Adams 2019 Lakeridge High School

When The Courts Were Tripping: An Analysis Of Employment Division V Smith And Its Impact On Oregon Law, Lucy C. Adams

Young Historians Conference

A member of the Native American Church named Al Smith was fired from his job for using Peyote during a religious ceremony. He sued, and Employment Division of Oregon v. Smith was opened. Surprisingly, when the Supreme Court heard the case, they abandoned precedent for determining whether religious actions were permissible and ruled in favor of the state. The ruling was a setback for religious freedom, and particularly harmed minority religions. Other agencies stepped in to prevent Smith from decimating religious rights, but the Oregon Supreme Court officially accepted the Supreme Court’s ruling on the case, despite having ruled ...


The Examination Of Inconsistencies Among The Misconception, Ideology, And Reality Of The Punishment Of Male And Female Adulterers Through Letters And Court Records, Julie Ho Lely 2019 Clackamas High School

The Examination Of Inconsistencies Among The Misconception, Ideology, And Reality Of The Punishment Of Male And Female Adulterers Through Letters And Court Records, Julie Ho Lely

Young Historians Conference

Due to the misogynistic roots of history, many scholars believe that female adulterers were punished more harshly than male adulterers; however, the wholistic examination of religion, gender norms, and medieval law reveal that despite the church’s ideology of equal condemnation of male and female adulterers, in reality, male adulterers were punished more frequently than women. By addressing the misconceptions, ideologies, and realities relating to adultery, this enables us to comprehend how social norms, law, and religion mutually influence each other while also revealing inconsistencies between the different fields. This paper focuses on adultery cases in the medieval times and ...


Film Review: The Impure: An Abolitionist Documentary Film Of The 19th Century Traffic In Jewish Women, Caroline Norma 2019 Royal Melbourne Institute of Technology University

Film Review: The Impure: An Abolitionist Documentary Film Of The 19th Century Traffic In Jewish Women, Caroline Norma

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz 2019 Ursinus College

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to become more effective ...


Wisdom (Hikmah) As Perceived By Iranian Muslim Scholars: Reflections On Ibn Sina, Ghazali, And Suhrawardi, Leyla H. Tajer, Amir H. Zekrgoo 2019 University Islam Malaysia

Wisdom (Hikmah) As Perceived By Iranian Muslim Scholars: Reflections On Ibn Sina, Ghazali, And Suhrawardi, Leyla H. Tajer, Amir H. Zekrgoo

Journal of Islamic and Middle Eastern Multidisciplinary Studies

The evolution of the concept of spiritual/religious wisdom (ḥikamt) by the Iranian Muslim philosophers from the 10th to 12th century, may be studied under three main trends namely Mashā’i (Peripatetic), Kalām (theology), and Ishrāq (Illumination). Despite the correlation among these trends each of them grew independently. Among the three, the Hikmat-i Ishrāq (Illumination Wisdom) which is also known as Ḥikamt-i Dhawqi (Intuitive Wisdom) of Shahab al-Din Suhrawardi (1153-1191) found a special place as it tended to bring together the philosophical and theological aspects of wisdom. This survey would address the development of ikmat (wisdom) among ...


Interview Of Margaret Mcguinness, Ph.D., Margaret McGuinness Ph.D., Stephen Pierce 2019 La Salle University

Interview Of Margaret Mcguinness, Ph.D., Margaret Mcguinness Ph.D., Stephen Pierce

All Oral Histories

Dr. Margaret McGuinness was born in 1953, in Providence, Rhode Island. She went to an all-girls Catholic high school called St. Mary’s Academy Bayview in Providence where she graduated in 1971. McGuinness went on to major in American Studies and Civilization as an undergraduate at Boston University graduating with a B.A in 1975. She continued her work at Boston University where McGuinness earned a master’s of theological studies (M.T.S) focusing on Biblical and Historical Studies in 1979. She would move to New York to work on her dissertation at Union Theological Seminary finishing with her ...


Raphaël Lemkin’S Derivation Of Genocide From His Analysis Of Nazi-Occupied Europe, Raffael Scheck 2019 Colby College

Raphaël Lemkin’S Derivation Of Genocide From His Analysis Of Nazi-Occupied Europe, Raffael Scheck

Genocide Studies and Prevention: An International Journal

The breadth and complexity of Lemkin’s definition of “genocide” results from several influences during the time he developed the concept. One of them is a belief that Nazi Germany was engineering a demographic revolution that would leave Germany predominant in Europe regardless of the outcome of the military conflict. This notion facilitated the assumption of a coherent cynical motivation behind disparate policies, laws, and decrees. Second, Lemkin’s daily work for the U.S. Government reinforced his focus on economic and legal matters and helps to explain why they occupy such a prominent place in his book Axis Rule ...


In Defense Of Peace: Aron Trainin's Contributions To International Jurisprudence, Thomas Earl Porter 2019 North Carolina Agricultural & Technical State University

In Defense Of Peace: Aron Trainin's Contributions To International Jurisprudence, Thomas Earl Porter

Genocide Studies and Prevention: An International Journal

The Soviet Union played a major role in the establishment of the International Military Tribunal (IMT) that tried Nazi Germany’s leaders for their criminal actions at Nuremberg. Only a handful of Western scholars have noted that the Soviets were early proponents of the use of the legal principle of conspiracy and in establishing the principle that a war of aggression in and of itself could be legally construed as a criminal act. And it was the brilliant Soviet jurist Aron Trainin who forcefully “advanced the idea of individual responsibility for international crimes…the realization of which was established during ...


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