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Policing Slavery: Order And The Development Of Early Nineteenth-Century New Orleans And Salvador, Gregory K. Weimer 2015 PhD Student

Policing Slavery: Order And The Development Of Early Nineteenth-Century New Orleans And Salvador, Gregory K. Weimer

FIU Electronic Theses and Dissertations

My dissertation explores the development of policing and slavery in two early nineteenth-century Atlantic cities. This project engages regionally distinct histories through an examination of legislative and police records in New Orleans, Louisiana, and Salvador, Bahia. Through these sources, my dissertation holds that the development of the theories and practices that guided “public order” emerged in similar ways in these Atlantic slaveholding cities. Enslaved people and their actions played an integral role in the evolution of “good order” and its policing. Legislators created laws and institutions to police enslaved people and promote order. In these instances, local government policed slavery ...


The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram 2015 Yale University

The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram

Harvey M. Applebaum ’59 Award

This thesis examines the extent of the President’s wartime detention authority over citizens (in particular, detention authority pursuant to Article II of the U.S. Constitution) through a legal-historical lens. Some Presidents (Abraham Lincoln, Franklin Roosevelt, George W. Bush) have historically relied on Article II authority for detention, while others (Ulysses Grant, Barack Obama) have disclaimed the notion that such authority exists. Clarifying the scope and source of the Presidential detention authority over citizens bears both theoretical and real-world relevance. Theoretically, it lies at the confluence of two central American constitutional traditions – the separation of powers, and the protection ...


Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland 2015 Valparaiso University

Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland

David R. Cleveland

No abstract provided.


From Public Good To Public Disgrace: Eugenics In North Carolina, Meghan M. McGuirk 2015 Western Kentucky University

From Public Good To Public Disgrace: Eugenics In North Carolina, Meghan M. Mcguirk

Honors College Capstone Experience/Thesis Projects

This CE/T project explores the sterilization program in North Carolina in the twentieth century. From 1929 to 1974, over 7,600 men, women, and children were sterilized by the Eugenics Board of North Carolina, a department of the state government of North Carolina. The North Carolina legislature enacted legislation that allowed for the forced sterilization of persons considered “feeble-minded” or a threat to the public good of society. The perceived threat to society changed over the course of the program from patients in mental institutions to low socio-economic women seen as a burden to the public. The mechanism for ...


Disaster And Discourse: Reactions To The 1906 Courrières Colliery Mine Disaster, Jacob Abrams 2015 College of William and Mary

Disaster And Discourse: Reactions To The 1906 Courrières Colliery Mine Disaster, Jacob Abrams

Undergraduate Honors Theses

The 1906 Courrières Colliery Mine Disaster is the worst industrial catastrophe ever to have occurred in Europe. Yet, there is little scholarship available on the subject. This thesis examines reactions to the disaster from French coalminers, the French government, and international groups, states, and organizations. What is revealed is the importance of the event to understanding the historical relationships between work and protest, the French state and the labor movement, and the construction of international disaster relief and motivations for charity and giving.


Foundations Of Empire: The American Military Government In The Philippine-American War, 1899-1902, Luke Frerichs 2015 College of William and Mary

Foundations Of Empire: The American Military Government In The Philippine-American War, 1899-1902, Luke Frerichs

Undergraduate Honors Theses

This paper discusses the American military government in the Philippine islands during the Philippine-American War. It examines the legal and political foundations of the American territory system and the Philippine islands place in the new American system. It then examines how the United States Army formed the colonial government by modifying the preceding Spanish colonial state through a series of General Orders that reshaped the municipal structure in the Philippine Islands. It then goes on to discuss Filipino nationalist responses to the new American government including the introduction of Amigo warfare and the American response through the use of forced ...


Land And Law In The Age Of Enterprise: A Legal History Of Railroad Land Grants In The Pacific Northwest, 1864-1916, Sean M. Kammer 2015 University of Nebraska-Lincoln

Land And Law In The Age Of Enterprise: A Legal History Of Railroad Land Grants In The Pacific Northwest, 1864-1916, Sean M. Kammer

Dissertations, Theses, & Student Research, Department of History

Federal land subsidies to railroad corporations comprised an important part of the federal government’s policies towards its western land domain in the middle decades of the nineteenth century. In all, Congress granted over a hundred million acres to railroad corporations to subsidize construction of a transcontinental railway network. Long after the last such grant in 1871, these land grants continued to incite political contests in Congress and state legislatures and legal disputes in communities across the West. By the end of the century, railroad corporations had become manifestations not just of the threatening growth of corporate power in the ...


The Thesis Of Norm Transformation In The Theory Of Mass Atrocity, Paul Morrow 2015 University of Virginia - Main Campus

The Thesis Of Norm Transformation In The Theory Of Mass Atrocity, Paul Morrow

Genocide Studies and Prevention: An International Journal

Theoretical accounts of genocide and mass atrocity commonly embrace the thesis of norm transformation. This thesis holds, first, that individual and institutional participation in such crimes is at least partially explained by transformations in basic norms that structure social and political life. It holds, second, that preventing future occurrences of such crimes requires changing norms that currently govern the actions of particular individual and institutional actors. This paper clarifies, defends, and extends the thesis of norm transformation. It clarifies this thesis by providing a general account of the nature and dynamics of norms. It defends this thesis against charges of ...


A Howl Of Free Expression: The 1957 Howl Obscenity Trial And Sexual Liberation, Jamie L. Rehlaender 2015 Lakeridge High School

A Howl Of Free Expression: The 1957 Howl Obscenity Trial And Sexual Liberation, Jamie L. Rehlaender

Young Historians Conference

The 1957 “Howl” obscenity trial, which covered the constitutionality of utilizing obscene words in literature, was largely influential in the development of literary free expression in America. This case centered on Allen Ginsberg’s Howl and Other Poems, a work which represented the ideals and culture of the literarily experimental and sexually promiscuous Beat Generation. The expansion of free expression can be discerned through the tolerance of these sexual implications in literature, which is documented throughout the history of sexual suppression in past censorship cases. The victory of the “Howl” obscenity trial was essential for liberating the use of sexual ...


Civil And Common Law: A Historical Analysis Of Colonial And Postcolonial Canada, Patrick S. Stroud 2015 Wabash College

Civil And Common Law: A Historical Analysis Of Colonial And Postcolonial Canada, Patrick S. Stroud

Butler Journal of Undergraduate Research

Legal historians divide European law into two principal families: common law (British law) and civil law (continental European law). Common law judges favor cases; courts “discover” law on a case-by-case basis and those cases make precedents for future ruling. Civil law courts favor codes; courts compare cases to existing laws and those laws control judges’ rulings. The two rarely interact, save one prominent example: Canada. British common law supposedly superseded French legal traditions in colonial Canada. But is history so binary? Did British common law truly “conquer” French civil law? Through analysis of Canadian legal history, this article demonstrates how ...


Black Slaves, Christian Servants: Race And Legal Identity In Northampton And Middlesex Counties, Virginia, 1632-1705, Timothy A. Courtney 2015 College of William and Mary

Black Slaves, Christian Servants: Race And Legal Identity In Northampton And Middlesex Counties, Virginia, 1632-1705, Timothy A. Courtney

Undergraduate Honors Theses

This paper analyzes how the language used in 17th-century laws and court cases refers to enslaved Africans and other servants, and it explores what this language reveals about regional differences in how Virginia colonists conceptualized ethnicity and labor in their society.


Black White And In-Between: Race And Ethnicity In The Criminal Justice System 1885-1915, Elizabeth M. Wilhelm 2015 University of Dayton

Black White And In-Between: Race And Ethnicity In The Criminal Justice System 1885-1915, Elizabeth M. Wilhelm

Honors Theses

Events in the past year have brought racial and ethnic discrimination in the criminal justice system to the forefront of American consciousness. In reality, race has been used to create stereotypes for centuries, often supported by “scientific” and “statistical” evidence to support the idea that certain races are more likely to commit crimes than others. In my research, I trace the development of these ideas as well as the evidence used to support these racial notions primarily by drawing upon conference transcripts from two professional organizations: The National Prison Association and the National Conference of Charities and Corrections covering the ...


Avoiding The Guillotine: The Need For Balance And Purpose In Determining Fundamental Rights Under The Fourteenth Amendment, Timothy A. Campbell 2015 University of Dayton

Avoiding The Guillotine: The Need For Balance And Purpose In Determining Fundamental Rights Under The Fourteenth Amendment, Timothy A. Campbell

Timothy A Campbell

This Article examines the need to bridge the two fields of thought in fundamental rights jurisprudence. This Article argues two points. Broadly, an objective principle to determine fundamental rights is non-existent because rights by their nature are subjective. Hence, the Court must accept some subjectivity, but it needs to install guideposts to direct the judge’s discretion. The Court also needs to adopt a balanced approach that combines rationalism and traditionalism. They need to look at the purpose of the asserted right, the specificity of the asserted right, legal precedent, and history in formulating a balanced approach.


New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp 2015 DePaul University

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School of Continuing and Professional Studies Faculty Publications

No abstract provided.


The Brutal Murder Of George J. Bushman, Conrad B. Richter, Dale J. Molina 2015 Gettysburg College

The Brutal Murder Of George J. Bushman, Conrad B. Richter, Dale J. Molina

Adams County History

In the fall of 1918 there occurred in Adams County a singularly brutal murder that brought the County and the town of Gettysburg to a shocked standstill. The tentacles of this event would reach into four Pennsylvania counties: Adams, Cumberland, Dauphin, and Philadelphia, and eventually the Pennsylvania Supreme Court. The investigation of the crime and the trial of the perpetrators involved so many public officials and families, as well as the extended judicial system and geographical locations within and without the County, that we have included a Cast of Characters and Locations to assist the reader in following this convoluted ...


New York Oneida: Land Claims, Federal Policies, State Intervention, And Casino Development, Lee M. Hanover 2015 University Nevada Las Vegas, Undergraduate Student

New York Oneida: Land Claims, Federal Policies, State Intervention, And Casino Development, Lee M. Hanover

Calvert Undergraduate Research Awards

This paper examined the relationship between Oneida land sovereignty and their self-determination in establishing the Turning Stone Casino. The paper reviewed general trends in Oneida history with the state of New York, focusing on federal policies aimed at American Indian communities, and the legal cases that the Oneida have brought against New York and the federal government. The study extrapolated that historic cases involving political, legal, and land sovereignty issues prepared them for the fight over their casino’s admittance on Oneida land. The paper then addressed the reoccurring battles with the state of New York over the legality and ...


"Spitting Positively Forbidden": The Anti-Spitting Campaign, 1896-1910, Patrick J. O'Connor 2015 University of Montana - Missoula

"Spitting Positively Forbidden": The Anti-Spitting Campaign, 1896-1910, Patrick J. O'Connor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Adams County History 2015, 2015 Gettysburg College

Adams County History 2015

Adams County History

No abstract provided.


New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp 2014 DePaul University

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.


Administrative Equal Protection: Federalism, The Fourteenth Amendment, And The Rights Of The Poor, Karen M. Tani 2014 Berkeley Law

Administrative Equal Protection: Federalism, The Fourteenth Amendment, And The Rights Of The Poor, Karen M. Tani

Karen M. Tani


This Article intervenes in a burgeoning literature on “administrative constitutionalism,” the phenomenon of federal agencies—rather than courts—assuming significant responsibility for elaborating the meaning of the U.S. Constitution.  Drawing on original historical research, I document and analyze what I call “administrative equal protection”: interpretations of the Fourteenth Amendment’s Equal Protection Clause in a key federal agency at a time when the Clause’s meaning was fiercely contested.  These interpretations are particularly important because of their interplay with cooperative federalism—specifically, with states’ ability to exercise their traditional police power after accepting federal money.
The Article’s argument ...


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