Open Access. Powered by Scholars. Published by Universities.®

United States History Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 384

Full-Text Articles in United States History

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

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 ...


Divorce And Family Life In Nineteenth-Century Vanderburgh County, Megan Owens Oct 2019

Divorce And Family Life In Nineteenth-Century Vanderburgh County, Megan Owens

Grand Valley Journal of History

In the nineteenth century, private family life was meant to mimic the ideal republican society, providing the necessary foundation for future patriotic citizens. When families failed to adhere to the idealistic notions of the private sphere and descended into conflict or divorce, however, the very foundation of American society was in danger. An analysis of divorce and family disputes in local contexts like Vanderburgh County can provide a window into the realities of private conflict within American families, especially in comparison to wider national trends.

This paper uses a small sample of divorce records from Vanderburgh County in Indiana to ...


Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr Jul 2019

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 ...


Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee Jun 2019

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 ...


Herman L. Midlo: Social Ally In Louisiana Religious Civil Rights, Kenneth William-Moran Taylor May 2019

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 May 2019

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 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 ...


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 ...


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 ...


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.


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 ...


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 ...


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 ...


Instituting Protest (Film), Joshua Eisenberg May 2018

Instituting Protest (Film), Joshua Eisenberg

School of Arts & Sciences Theses

The road-trip story of one man looking at how first and fourteenth amendment rights have effected college campuses over time in the United States, while also looking at the possibility of revoking a diploma from a white nationalist for having different views than ones preferential to a certain college.


We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro May 2018

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s ...


The Unsuspected Francis Lieber, Richard Salomon May 2018

The Unsuspected Francis Lieber, Richard Salomon

All Dissertations, Theses, and Capstone Projects

"The Unsuspected Francis Lieber" examines paradoxes in the life and work of Francis Lieber. Lieber is best known as the author of the 1863 "Lieber Code," the War Department's General Order No. 100. It was the first modern statement of the law of armed conflict. This paper questions whether the Lieber Code was truly humanitarian, especially in view of its valorization of military necessity. Also reviewed is the contrast between the Code's extraordinarily favorable treatment of African-Americans and Lieber's personal history of slave-holding.

Lieber's shift from civil libertarian to authoritarian after 1857, as exemplified by his ...


A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton Apr 2018

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.


Not All Art Belongs In The Living Room: The Tale Of Robert Mapplethorpe, Shelby K. Miller Apr 2018

Not All Art Belongs In The Living Room: The Tale Of Robert Mapplethorpe, Shelby K. Miller

Student Scholar Showcase

Following the death of Robert Mapplethorpe in 1989, a group of scholars put together a retrospective exhibition of his life’s work with the help of a grant from the National Endowment for the Arts. The subject matter, namely those in Mapplethorpe’s X and Z portfolios that included male nudes and depictions of sadomasochism, caused major controversy across the country. The presentation will cover Helms Amendment of 1990 and the obscenity trial that took place in Cincinnati in 1990 with a specific focus on the lasting impacts that these events have had on the NEA and the art world.


Black Courts, Ernesto A. Longa Mar 2018

Black Courts, Ernesto A. Longa

Faculty Book Display Case

Book Abstract:

Pushing past the conventional understanding of federal and state courts and the judicial system, this volume examines eight little-known Florida courts. Part 1 details general jurisdiction courts from 1513 to 1865 while part 2 profiles modern-era special jurisdiction courts.


Beginning with the state's colonial history, Florida's Other Courts challenges narratives that paint Spain's administration of its New World holdings as corrupt, inefficient, and tyrannical, using research into archival records scattered across Spain, Cuba, and other New World sites. Contributors to the volume also demonstrate how British authorities later molded the courts after their own justice ...


The Maple Leaf Route, Dan Rager Feb 2018

The Maple Leaf Route, Dan Rager

Dan Rager

This book chronicles the famous ‘Maple Leaf Route’ that ran through Geauga County between 1899 & 1925.  From steam rail to the Cleveland & Eastern and Chagrin Falls interurban railways, this concise historical book brings to life one of Northeast, Ohio’s favorite pastimes.


Writing To Save A Life: The Louis Till File, Chris Laico Jan 2018

Writing To Save A Life: The Louis Till File, Chris Laico

The Primary Source

No abstract provided.


The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert Jan 2018

The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Journal of Collective Bargaining in the Academy

This article presents a history of unionization and collective bargaining in higher education during and just after World War II, decades before the establishment of statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions, which demonstrated support for employee self-organization. It will also presents counter-examples of institutions using the courts and congressional investigators to defeat unionization efforts. . Lastly, the article will examine the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty ...


Petitioning And The Making Of The Administrative State, Maggie Blackhawk Jan 2018

Petitioning And The Making Of The Administrative State, Maggie Blackhawk

Faculty Scholarship at Penn Law

The administrative state is suffering from a crisis of legitimacy. Many have questioned the legality of the myriad commissions, boards, and agencies through which much of our modern governance occurs. Scholars such as Jerry Mashaw, Theda Skocpol, and Michele Dauber, among others, have provided compelling institutional histories, illustrating that administrative lawmaking has roots in the early American republic. Others have attempted to assuage concerns through interpretive theory, arguing that the Administrative Procedure Act of 1946 implicitly amended our Constitution. Solutions offered thus far, however, have yet to provide a deeper understanding of the meaning and function of the administrative state ...


Into The Void, Or The Musings And Confessions Of A Redheaded Stepchild Lost In Western Legal History And Found In The Legal Borderlands Of The North American West, Katrina Jagodinsky Jan 2018

Into The Void, Or The Musings And Confessions Of A Redheaded Stepchild Lost In Western Legal History And Found In The Legal Borderlands Of The North American West, Katrina Jagodinsky

Faculty Publications, Department of History

At my first American Society for Legal History conference in 2014, I listened with rapt attention as keynote speaker Patty Limerick asked: "Is western history legal history ?" Limerick answered in the affirmative, citing the many ways in which law had defined the North American West. Those of us who teach Western history courses can count the legal acts Limerick recited on our fingers and toes: the 1784 Land Ordinance, the 1787 Northwest Ordinance, the 1790 Trade & Intercourse Act, the 1803 Louisiana Purchase, and every treaty between American Indians and the federal government on one hand; the Missouri Compromises of 1820 and r85o, the Oregon Treaties of I 8 I 8 and I 846, and the series of legal maneuvers ...


Fornication Prosecutions Beyond The Mainstream Community And The Role Of Community Policing In Early Colonial New England, Bridget Sciscento Jan 2018

Fornication Prosecutions Beyond The Mainstream Community And The Role Of Community Policing In Early Colonial New England, Bridget Sciscento

Williams Honors College, Honors Research Projects

During the seventeenth century, New England was composed of several independent colonies of varying size and success. In the Puritan and separatist colonies of Massachusetts Bay, New Haven, and Plymouth, entire communities, including “others,” those who were relegated outside of the community on the basis of their status or faith, worked with the theocratical legal system to police sexual morality and preserve social hierarchies that colonists understood to be fundamentally intertwined. This commitment was so strong that these colonies overlooked centuries of English legal custom when drafting harsher fornication laws, relied on the expert testimony of midwives over that of ...