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

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 May 2019

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 May 2019

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 May 2019

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 Apr 2019

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 Apr 2019

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 ...


In Defense Of Peace: Aron Trainin's Contributions To International Jurisprudence, Thomas Earl Porter Apr 2019

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 ...


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

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 ...


Interview Of Margaret Mcguinness, Ph.D., Margaret Mcguinness Ph.D., Stephen Pierce Apr 2019

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 ...


The Lehman Brothers Bankruptcy A: Overview, Rosalind Z. Wiggins, Thomas Piontek, Andrew Metrick Mar 2019

The Lehman Brothers Bankruptcy A: Overview, Rosalind Z. Wiggins, Thomas Piontek, Andrew Metrick

Journal of Financial Crises

On September 15, 2008, Lehman Brothers Holdings, Inc., the fourth-largest U.S. investment bank, sought Chapter 11 protection, initiating the largest bankruptcy proceeding in U.S. history. The demise of the 164-year old firm was a seminal event in the global financial crisis. Under the direction of its long-time Chief Executive Officer Richard Fuld, Lehman had been very successful pursuing a high-leverage, high-risk business model that required it to daily raise billions of dollars to fund its operations. Beginning in 2006, Lehman began to invest aggressively in real-estate-related assets and soon had significant exposures to housing and subprime mortgages, just ...


50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe Mar 2019

50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe

St. Mary's Law Journal

Founded in 1969, the St. Mary’s Law Journal has climbed the road to excellence. Originally built on the foundation of being a “practitioner’s journal,” the St. Mary’s Law Journal continues to produce quality scholarship that is nationally recognized and frequently used by members of the bench and bar. From its grassroots origins to the world-class law review it is today, the St. Mary’s Law Journal continues to maintain its prestigious position in the realm of law reviews by ranking in the top five percent most-cited law reviews in federal and state courts nationwide.

In celebration of ...


Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy Feb 2019

Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy

Honors Theses, University of Nebraska-Lincoln

Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.


Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris Jan 2019

Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris

Douglas Harris

Property rights, wrote Morris Cohen in 1927, are delegations of sovereign power. They are created by the state and operate to establish limits on its power. As such, the allocation of property rights is an exercise of sovereignty and a limited delegation of it. Sixty years later, Joseph Singer used Cohen’s conceptual framing in a critical review of developments in American Indian law. Where the US Supreme Court had the opportunity to label an American Indian interest as either a sovereign interest or a property interest, he argued, it invariably chose to the disadvantage of the Indians. Within Canada ...


"Politics, Money, And Distrust: French-American Alliances In The International Campaign For Women’S Equal Rights, 1925–1930.”, Sara L. Kimble Dec 2018

"Politics, Money, And Distrust: French-American Alliances In The International Campaign For Women’S Equal Rights, 1925–1930.”, Sara L. Kimble

Sara L Kimble

No abstract provided.


Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner Dec 2018

Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner

Genocide Studies and Prevention: An International Journal

Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview ...


Associational Republicanism: Antifederalism In Context, 1790 - 1830, Ashley Jordan Dec 2018

Associational Republicanism: Antifederalism In Context, 1790 - 1830, Ashley Jordan

Masters Theses

No abstract provided.


Did Hollywood Take Theatre "By Hook Or By Crook?", Catherine S. Wright Dec 2018

Did Hollywood Take Theatre "By Hook Or By Crook?", Catherine S. Wright

MSU Graduate Theses

Hollywood and Theatre have been partners in producing entertainment for over 100 years. The relationship was fruitful for both parties, but Hollywood moguls and playwrights battled over ownership of the work and crafting of its creative nucleus, story and character. Theatre was the dominant entertainment right before the rise of motion pictures. Once Hollywood’s talkies closed the curtain on silent films, playwrights had a high creative worth to movie makers. In the cinema, story and dialogue were essential for its survival and growth. Playwrights were courted by the Hollywood studio heads but were not offered equal partnership as they ...


The Origins And Uses Of The Three-Fifths Clause Related To Slavery And Taxation, William F. Hughes Oct 2018

The Origins And Uses Of The Three-Fifths Clause Related To Slavery And Taxation, William F. Hughes

Masters Theses

The Three-fifths clause of the 1787 U.S. Constitution is noted for having a role in perpetuating racial injustices of America’s early slave culture, solidifying the document as pro-slavery in design and practice. This thesis, however, examines the ubiquitous application of the three-fifths ratio as used in ancient societies, medieval governments, and colonial America. Being associated with proportions of scale, this understanding of the three-fifths formula is essential in supporting the intent of the Constitutional framers to create a proportional based system of government that encompassed citizenship, representation, and taxation as related to production theory. The empirical methodology used ...


The Ties That Bind: How Domestic Politics Influence Ties With Extraterritorial Courts—A Study Of The Jcpc, Harold Young Sep 2018

The Ties That Bind: How Domestic Politics Influence Ties With Extraterritorial Courts—A Study Of The Jcpc, Harold Young

International Social Science Review

During the last half century, extraterritorial courts and the number of acceding states have markedly increased. It is important to better understand the relationships between the extraterritorial court and the state. This paper posits that the governments of those states will seek a change or disengage from the extraterritorial court if they perceive a disconnection between themselves and the extraterritorial court. The perception of such a disconnection is influenced by changes in the political environment that make the state more sensitive to decisions that are unfavorable to it. To test this theory, this paper examines the Judicial Committee of the ...


Guest Editors' Introduction To The Special Issue, Diversity In Aquatics, Angela K. Beale-Tawfeeq, Steven N. Waller Ph.D., Austin Anderson Aug 2018

Guest Editors' Introduction To The Special Issue, Diversity In Aquatics, Angela K. Beale-Tawfeeq, Steven N. Waller Ph.D., Austin Anderson

International Journal of Aquatic Research and Education

This is the introductory editorial leading off the special issue, "Diversity in Aquatics."


To Forgive Or Not To Forgive? A Reappraisal Of Vietnam War Evaders And Deserters In President Gerald Ford's Clemency Program, Courtney Carver Aug 2018

To Forgive Or Not To Forgive? A Reappraisal Of Vietnam War Evaders And Deserters In President Gerald Ford's Clemency Program, Courtney Carver

University of New Orleans Theses and Dissertations

In 1974, President Ford began the arduous task of healing the wounds sustained by the United States during the Vietnam War. His controversial clemency plan gave those who had either deserted the military or those who evaded the draft the chance to earn their way back into American society. President Ford was willing to face this opposition to move the country closer to resolving an issue that was tearing the nation apart. In the applications to Ford’s Presidential Clemency Board, thousands of deserters and evaders reveal their motivations, and in doing so present a large body of evidence that ...


The Lost & Found Game Series: Teaching Medieval Religious Law In Context, Owen Gottlieb, Ian Schreiber Aug 2018

The Lost & Found Game Series: Teaching Medieval Religious Law In Context, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context. The Lost & Found project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy. The first game in the series is a strategy game called Lost & Found (high school and ...


Of Queens, Incubi, And Whispers From Hell: Joan Of Arc And The Battle Between Orthopraxy And Theoretical Doctrine In Fifteenth Century France, Helen W. Tschurr Jun 2018

Of Queens, Incubi, And Whispers From Hell: Joan Of Arc And The Battle Between Orthopraxy And Theoretical Doctrine In Fifteenth Century France, Helen W. Tschurr

Honors Program Theses

This project focuses on examining the nuances of fifteenth century religious gender theory through an exploration of the Trial of Condemnation (unduly maligned in the historiography) against Joan of Arc. Employing a lens of the theological concept of the “Bride of Christ,” (as defined by Dylan Elliot, Johanne Chamberlyne, Gilbert of Hoyland, and Peter Abelard) in studying this text, as well as the contemporary pro-Joan propaganda texts of Christine de Pizan, Jacques Gelu, and Jean Gerson,suggest a departure from current historiographical positions on medieval perceptions of gender and sex identity. Both Joan (in the trial) and her popular supporters ...


The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran Jun 2018

The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran

Journal of Contemporary Archival Studies

This article is primarily a case study of the Nuremberg Trials Project at the Harvard Law School Library in Cambridge, Massachusetts. It begins with an historical note about the war crimes trials and their documentary record, including the fate of the several tons of trial documents that were distributed in 1949. The second part of the article is a description of the Harvard Law School Nuremberg project, including its history, goals, logistical considerations, digitization process and challenges, and resulting impact. The structure and function of the project website is described, followed by a description of a typical user experience, the ...


Bicycle Messenger Boys And The Evolution Of American Labor Laws, Christopher A. Sweet Jun 2018

Bicycle Messenger Boys And The Evolution Of American Labor Laws, Christopher A. Sweet

Christopher A. Sweet

Bicycle messenger boys often conjure up images of young boy riding an early morning newspaper delivery route. Long before the newspaper delivery boy, telegraph and shipping companies exploited child bicycle messengers as a cheap form of labor. Bicycle messenger boys worked long hours under dangerous conditions for little pay. Some worked overnight delivering messages and parcels to patrons and proprietors in red light districts. Some were injured or even killed on the job. This presentation will examine how bicycle messenger boys found themselves entwined in evolving American labor laws from 1890-1940. Anti-child labor organizations such as the National Child Labor ...


The Riccobono Seminar Of Roman Law In America: The Lost Years, Timothy G. Kearley May 2018

The Riccobono Seminar Of Roman Law In America: The Lost Years, Timothy G. Kearley

Timothy G. Kearley

The Riccobono Seminar was the preeminent source of intellectual support for Romanists in the U.S. during the middle of the twentieth century. In the course of the Seminar's existence, many of the era's greatest Roman law scholars gave presentations at the Riccobono Seminar. The Seminar's history after it came under the aegis of the Catholic University of America in 1935 has been readily available, but not so for the earliest years of 1930-35, when it moved among several law schools in the District of Columbia. This paper uses archival information and newspaper articles to describe the ...


A Kentucky Town Votes Against A Culture War Rematch, Campbell Robertson May 2018

A Kentucky Town Votes Against A Culture War Rematch, Campbell Robertson

Media Collection

No abstract provided.


Gay Man Denied Marriage License By Kim Davis Loses Bid To Challenge Her For Kentucky County Clerkship, Mahita Gajanan May 2018

Gay Man Denied Marriage License By Kim Davis Loses Bid To Challenge Her For Kentucky County Clerkship, Mahita Gajanan

Media Collection

No abstract provided.


Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall, Will Wright May 2018

Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall, Will Wright

Media Collection

No abstract provided.


Caudill To Face Davis This November, The Morehead News May 2018

Caudill To Face Davis This November, The Morehead News

Media Collection

No abstract provided.