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Thinking Through The Monarchy In Sixth-Century Visigothic Spain, Cade Meinel 2016 College of William and Mary

Thinking Through The Monarchy In Sixth-Century Visigothic Spain, Cade Meinel

Undergraduate Honors Theses

This paper uses a comparison of the laws of the Visigothic Code to the events of the sixth century to investigate the continuity that the concepts surrounding the Visigothic monarchy, such as negotiated sovereignty and religious and ethnic identities, provided within the Visigothic kingdom in Spain. It first establishes the theoretical framework for the monarchy found in the law before exploring how these ideas influenced and were in turn affected by the events of the sixth century. It moves through the century starting with King Theodoric the Great and the Ostrogoth influence and ends with the kings Liuvigild and Recarred ...


The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham 2016 University of Dallas

The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham

Notre Dame Law Review

The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on ...


Hibakusha And The Japanese Supreme Court: Judgement Long Overdue, Timothy J. Duefrane 2016 University of Washington - Tacoma Campus

Hibakusha And The Japanese Supreme Court: Judgement Long Overdue, Timothy J. Duefrane

History Undergraduate Theses

On August 6 and 9 1945 the United States dropped the first atomic bombs on the cities of Hiroshima and Nagasaki. Survivors of the attacks, who were exposed to atomic radiation, have come to be known by the Japanese term for an atomic bomb survivor, hibakusha. The fight against the violations of hibakusha rights due to discrimination as well as misconceptions and misinterpretations of the acts and laws for survivor welfare and support have been one long and brutal legal battle after another. The appeal cases relating to the hibakusha living outside of Japan have begun to be investigated and ...


Firm Foundation: Rebuilding The Early Modern State In Lima, Peru After The Earthquake Of 1687, Judith M. Mansilla 2016 Florida International University

Firm Foundation: Rebuilding The Early Modern State In Lima, Peru After The Earthquake Of 1687, Judith M. Mansilla

FIU Electronic Theses and Dissertations

One early October morning in 1687, the ground under the large Spanish colonial city of Lima, Peru rumbled. If longstanding historiographical portraits of Spanish government as inefficient and weak were true, the earthquake that was about to shatter Lima should have devastated it beyond repair. The study of the aftermath of this natural disaster reveals that behind the landscape of destruction, the pillars of the colonial state in Lima not only held up but also permitted its rapid recovery after the event. As part of a more recent historiographical trend that reappraises the Spanish decline during the seventeenth century, my ...


From Rome To The Restatement: S.P. Scott, Fred Blume, Clyde Pharr, And Roman Law In Early Twentieth Century America, Timothy G. Kearley 2016 University of Wyoming

From Rome To The Restatement: S.P. Scott, Fred Blume, Clyde Pharr, And Roman Law In Early Twentieth Century America, Timothy G. Kearley

Timothy G. Kearley

This article describes how the classical past, including Roman law and a classics-based education, influenced elite legal culture in the United States and university-educated Americans into the twentieth century and helped to encourage Scott, Blume, and Pharr to labor for many years on their English translations of ancient Roman law. 


Law Reform In The Ancient World: Did The Emperor Augustus Succeed Or Fail In His Morals Legislation?, Charles J. Reid Jr. 2016 College of William & Mary Law School

Law Reform In The Ancient World: Did The Emperor Augustus Succeed Or Fail In His Morals Legislation?, Charles J. Reid Jr.

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

This is an Article with a dual purpose. First, it is concerned with the process of law reform: how do we judge a given reform’s success or failure? Do we adopt strictly linear metrics? Or do we look at nonlinear impacts? For example, in the campaign against tobacco, do we judge it a success because it has reduced cigarette smoking? Or because it reduced the political power of the tobacco companies?

Secondly, in this Article, I apply this complex means of analyzing law reform to the Emperor Augustus’s morals legislation. Legal historians have typically regarded Augustus’s morals ...


This Species Of Property: Slavery And The Properties Of Subjecthood In Anglo-American Law And Politics, 1619-1783, John N. Blanton 2016 Graduate Center, City University of New York

This Species Of Property: Slavery And The Properties Of Subjecthood In Anglo-American Law And Politics, 1619-1783, John N. Blanton

All Dissertations, Theses, and Capstone Projects

This Species of Property examines the development of the law and practice of slavery in the 17th and 18th century Anglo-American empire through analysis of common law court decisions in England, Massachusetts, and Virginia. The dissertation argues that there was a long and vibrant debate over the legitimacy of the chattel principle – the definition of enslaved persons as a type of property – and that enslaved people and their allies pushed for the recognition of the legal humanity or subjecthood of the enslaved in colonial and metropolitan courts. This antislavery legal tradition culminated in the famous Somerset decision, handed ...


Corn Strike History Report, Dr. Lendol Calder, Annie Urbanczyk, Clair Wright 2016 Augustana College, Rock Island Illinois

Corn Strike History Report, Dr. Lendol Calder, Annie Urbanczyk, Clair Wright

2015-2016: Clinton, Iowa

No abstract provided.


Hist 340: American Legal History—A Peer Review Of Teaching Project Inquiry Portfolio, Katrina Jagodinsky 2016 University of Nebraska-Lincoln

Hist 340: American Legal History—A Peer Review Of Teaching Project Inquiry Portfolio, Katrina Jagodinsky

UNL Faculty Course Portfolios

This inquiry portfolio measures the success of revisions made to HIST 340: American Legal History after a previous benchmark portfolio revealed a number of problems in communicating to students the importance and meaning of the course objectives, in correlating assessments to the final grade, and in documenting student learning and quality of instruction. The findings, outlined below, indicate that identifying a clear course theme; more strongly aligning readings, assessments, and discussions to course objectives; and restructuring the verbal and written analysis of readings dramatically improved students’ performance and satisfaction. Measures used include formal and informal student evaluations of instruction, formal ...


Repeating History: The Ineffectiveness Of The 1973 War Powers Resolution, Kaitlyn N. Schiess 2016 Liberty University

Repeating History: The Ineffectiveness Of The 1973 War Powers Resolution, Kaitlyn N. Schiess

Senior Honors Theses

Reluctant students often criticize the study of history as irrelevant to the present day.

In the case of one important and controversial piece of legislation, nothing could be farther from the truth. The 1973 War Powers Resolution (WPR), which places limits on presidential power to deploy troops in combat situations, has ample application to the political functioning of the United States today. Thus, investigating and studying the resolution remains relevant and important today. The WPR became law in 1973, overcoming a predictable veto by President Nixon. The legislation has consistently been a flashpoint for political controversy – eliciting criticism by both ...


Means And End(Ing)S: Nomos Versus Narrative In Early Rabbinic Exegesis, Natalie B. Dohrmann 2016 University of Pennsylvania

Means And End(Ing)S: Nomos Versus Narrative In Early Rabbinic Exegesis, Natalie B. Dohrmann

Departmental Papers (Religious Studies)

Rabbinic literature shares a suggestive array of literary features with later Latin literary sources: commentary, fragmentation and quotation, and a granular attention to language. In this material narrative tends to be lost; classical source texts, such as Vergil, are fetishized, broken apart, and repurposed. In this essay I ask of one corpus--early rabbinic midrash (biblical commentary)--what is the origin and impact of its fragmented and finally incoherent narrative project? At the risk of over-simplifying, I will focus on the rabbis as a case study in the etiology of a more general phenomenon. I will argue that the fragmentation so ...


Sacred Law: Greek, Roman, Jewish, Natalie B. Dohrmann 2016 University of Pennsylvania

Sacred Law: Greek, Roman, Jewish, Natalie B. Dohrmann

Departmental Papers (Religious Studies)

"All laws of men are nourished by one law, the divine law." So wrote the fifth-century Greek philosopher Heraklitos. The concept of "sacred law" on the other hand is likely the remnant of a category first used in 1906 CE to define a particular corpus of Greek inscriptions pertaining to cult practice. It constitutes a subcategory of the vast category-- "all laws of men" -- that includes the intersection of the normative and the divine. Sacred law is not the abstract, pervasive, and diffuse notion of divine sponsorship--however conceived--of state power, or the vast realm captured between the terms "religion and ...


The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez 2016 University of Central Florida

The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez

Honors Undergraduate Theses

Although the U.S. Constitution espouses equality, it clearly is not practiced in all aspects of life with education being a significant outlier. In the Declaration of Independence, Thomas Jefferson wrote about inalienable rights to life, liberty, and the pursuit of happiness. These two theories are related to education through educational adequacy and equality. Sufficientarianism, or educational adequacy, says that what is important is that everyone has “good enough” educational opportunities, but not the same ones. Egalitarianism, or educational equality, says that there is an intrinsic value in having the same educational opportunities and only having good enough opportunities misses ...


"To The Devil We Sprang And To The Devil We Shall Go": Memory And History In The Narrative Of British Medieval Constitutionality, Helen W. Tschurr 2016 University of Puget Sound

"To The Devil We Sprang And To The Devil We Shall Go": Memory And History In The Narrative Of British Medieval Constitutionality, Helen W. Tschurr

Summer Research

The British Bill of Rights is arguably one of the most important documents in history; it symbolizes modernity, legal protection for popular sovereignty, and has inspired several political and intellectual revolutions. The Bill of Rights is a physical manifestation of the British constitution and represents a triumph of constitutionality over despotism, the struggle which has defined British history since the Norman Invasion in 1066, and which has been deemed the de facto constitution itself. Because of its unique composition, the British constitution has been a hotly debated historical subject since the Glorious Revolution. Most scholarship on this topic has been ...


Sanctioned Silencing, Symbolic Resistance: Race, Space, And Dispossession In A Marginalized South African Community, Killian Richard Miller 2016 Bard College

Sanctioned Silencing, Symbolic Resistance: Race, Space, And Dispossession In A Marginalized South African Community, Killian Richard Miller

Senior Projects Spring 2016

Senior Project submitted to The Division of Social Studies of Bard College

My field work and the written portion of my ethnography work through issues of marginality, state apparatuses, illusions of freedom, and making meaning in a context of oppression. All these power dynamics are historically-situated within the cultural context and community of Hangberg, a place forged by the race-based forced removals of Apartheid. British and Dutch colonization, Apartheid's racial regime, and the post-Apartheid oligarchical state, are all historical and contemporary authoritative forces that are impacting the everyday lives of people in Hangberg. Perspectives of power also serve as ...


A Sickly Season: The Royal Canadian Navy And The Mainguy Commission, Keith D. Calow 2016 Wilfrid Laurier University

A Sickly Season: The Royal Canadian Navy And The Mainguy Commission, Keith D. Calow

Theses and Dissertations (Comprehensive)

ABSTRACT

This dissertation examines the proceedings of the Mainguy Commission, which was established in 1949 to investigate and report on a series of three “incidents” of collective disobedience which had taken place aboard Canadian warships in the early months of that year. The “incidents” were the culmination of a series of challenges that the senior staff was already endeavouring to address internally. Media and political attention to the indiscipline, however, brought the minister to insist that there be a public enquiry.

Historians who have examined the report of the Mainguy Commission have generally accepted that in calling for the Canadianization ...


Cotton, Clemency, And Control: United States V. Klein And The Juridical Legacy Of Executive Pardon, Heather L. Clancy 2016 Gettysburg College

Cotton, Clemency, And Control: United States V. Klein And The Juridical Legacy Of Executive Pardon, Heather L. Clancy

The Gettysburg College Journal of the Civil War Era

When the guns of war fell silent in 1865, Americans throughout the reunited states grappled with the logistics of peace. At virtually every turn lay nebulous but critical questions of race, class, allegiance, and identity. More pragmatic legal stumbling blocks could also be found strewn across the path to Reconstruction; some of them would ensnare the healing nation for decades to come. Among their number was notorious Supreme Court decision United States v. Klein (1872). Born on July 22, 1865 out of a small debate over the wartime seizure of Vicksburg cotton stores, Klein quickly evolved into a legal behemoth ...


After Suffrage Comes Equal Rights? Era As The Next Logical Step, Tracy A. Thomas, TJ Boisseau 2015 1877

After Suffrage Comes Equal Rights? Era As The Next Logical Step, Tracy A. Thomas, Tj Boisseau

Tracy A. Thomas

Almost a full century in the making, the campaign for an ERA far exceeded in longevity the campaign for woman suffrage, however much a “logical next step” women's equality seemed to some following the spectacular achievement of the Nineteenth Amendment. The history of the amendment reveals how resistant to the idea of equality between men and women a political system -- even one that includes women as voters -- can be. In this chapter, we re-examine the route taken by the ERA through its many permutations in the century since the passage of woman suffrage. Proposed by Alice Paul in 1923 ...


El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian M. McCall 2015 University of Oklahoma

El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian M. Mccall

Brian M McCall

Es imposible disociar la moral (o la ética) de la doctrina teológica. Como Richard Weaver explicó en el pasado siglo, las ideas tienen consecuencias.
Por lo tanto, un cambio de doctrina teológica irá inevitablemente acompañado por un cambio en las normas que gobiernan la conducta. Dado que la ley humana es relativa a los usos y costumbres de la comunidad para la cual se dicta y se desarrolla a la luz de aquéllos, tales cambios terminarán abriéndose paso en las leyes.
Después de quinientos años, las nuevas doctrinas del protestantismo han producido sus efectos sobre la moral y el derecho ...


Making Marital Rape Visible: A History Of American Legal And Social Movements Criminalizing Rape In Marriage, Joann M. Ross 2015 University of Nebraska-Lincoln

Making Marital Rape Visible: A History Of American Legal And Social Movements Criminalizing Rape In Marriage, Joann M. Ross

Dissertations, Theses, & Student Research, Department of History

This study examines the history of marital rape and related topics in the United States within the broader context of women’s legal and political rights. The project demonstrates the interplay between women’s activists, legislators, the criminal justice system, and an involved public necessary to change both societal and legal views on spousal rape, and eventually its criminalization in all fifty states.

Concentrating on approaches to criminalizing marital rape in three of the fifty states, this dissertation provides a reasonable representation of the existence of the marital rape exemption in America, arguments used to maintain the exemption, and various ...


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