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2019

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Full-Text Articles in United States History

How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman Oct 2019

How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Presentations

Artificial intelligence is affecting many areas of our lives and governmental policy. National security is one arena in which artificial intelligence is playing an increasingly important and controversial role. U.S. Government and military agencies are producing a steadily expanding corpus of publicly available literature on this topic. This literature documents how these agencies have this topic's national security implications historically and currently while also addressing potentially emerging national security issues where artificial intelligence will intersect with national security. This presentation demonstrates examples of the growing variety of publicly available national security artificial intelligence literature while also addressing the ...


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


Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz Jul 2019

Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz

Arkansas Law Review

On July 10, 1832, President Andrew Jackson issued the most famous and controversial veto in United States history. The bill in question was “to modify and continue” the 1816 “act to incorporate the subscribers to the Bank of the United States. This was to recharter of the Second Bank of the United States whose constitutionality was famously upheld in McCulloch v. Maryland. The bill was passed by Congress and presented to Jackson on July 4. Six days later, Jackson vetoed the bill. Jackson’s veto mortally wounded the Second Bank, which would forever close its doors four years later at ...


Overruling Mcculloch?, Mark A. Graber Jul 2019

Overruling Mcculloch?, Mark A. Graber

Arkansas Law Review

Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism ...


M'Culloch In Context, Mark R. Killenbeck Jul 2019

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example ...


Mcculloch At 200, David S. Schwartz Jul 2019

Mcculloch At 200, David S. Schwartz

Arkansas Law Review

March 6, 2019 marked the 200th anniversary of the Supreme Court’s issuance of its decision in McCulloch v. Maryland, upholding the constitutionality of the Second Bank of the United States, the successor to Alexander Hamilton’s national bank. McCulloch v. Maryland involved a constitutional challenge by the Second Bank of the United States to a Maryland tax on the banknotes issued by the Bank’s Baltimore branch. The tax was probably designed to raise the Second Bank’s cost of issuing loans and thereby disadvantage it relative to Maryland’s own state-chartered banks. Marshall’s opinion famously rejected the ...


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 ...


Belle La Follette’S Fight For Women’S Suffrage: Losing The Battle For Wisconsin, Winning The War For The Nation, Nancy C. Unger Jul 2019

Belle La Follette’S Fight For Women’S Suffrage: Losing The Battle For Wisconsin, Winning The War For The Nation, Nancy C. Unger

History

A century ago, on May 21, 1919, the US House of Representatives voted difinitively (304 to 89) in support of women’s suffrage. Two weeks later, Wisconsinite Belle La Follette sat in the visitors’ gallery of the US Senate chamber. She “shed a few tears” when it was announced that, by a vote of 56 to 25, the US Senate also approved the Nineteenth Amendment, sending it on to the states for ratification.1 For Belle La Follette, this thrilling victory was the culmination of a decades-long fight. Six days later, her happiness turned to elation when Wisconsin became the ...


Law Library Blog (July 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jul 2019

Law Library Blog (July 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


“Realizing Democracy”: A Study Of The Regional And National Social, Political, And Economic Factors Driving Suffrage Development In The Age Of The Common Man, 1820-1850, Matthew Prosper Jun 2019

“Realizing Democracy”: A Study Of The Regional And National Social, Political, And Economic Factors Driving Suffrage Development In The Age Of The Common Man, 1820-1850, Matthew Prosper

Honors Theses

The Age of the Common Man was a period of American political history lasting from 1820 to 1850 characterized by the implementation of universal white manhood suffrage by every state through removing property and tax qualifications from state constitutional suffrage laws, as well as the “common man” entering the center of much political discourse. These conventions were demanded by the political, social, economic, and in some cases physical climates and conditions of each state. To look at these factors, this thesis divides the nation into three regions, two of which are examined: the Northeast, the Northwest, and the South (the ...


Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton Jun 2019

Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton

The Scholar: St. Mary's Law Review on Race and Social Justice

When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.

Part One of this Article chronicles ...


Panel #1: Maine Indians And The Maine State Constitution, James Francis, John Dieffenbacher-Krall, Darren Ranco, Donna Loring, Lhd May 2019

Panel #1: Maine Indians And The Maine State Constitution, James Francis, John Dieffenbacher-Krall, Darren Ranco, Donna Loring, Lhd

Maine Statehood and Bicentennial Conference

After a welcome from Emily Haddad, Dean, College of Liberal Arts & Sciences, panel participants discuss the topic of Maine Indians and the Maine State Constitution.


The Hydraulic Dimension Of Reconstruction In Louisiana, 1863-1879, Matthew P. Carlin May 2019

The Hydraulic Dimension Of Reconstruction In Louisiana, 1863-1879, Matthew P. Carlin

University of New Orleans Theses and Dissertations

Louisiana developed an extensive system of levees throughout the Atchafalaya Basin and along its territorial Mississippi River. This system reached its zenith on the eve of the American Civil War. It went into dramatic decline following the conflict due to the confluence of military activity, protracted irregular warfare, and neglect stemming from labor and capital revolution. These shifts intensified with the 1863 Emancipation Proclamation and finally consolidated after the ratification of Louisiana’s Constitution of 1879. The shift of responsibility for the construction and maintenance of levees during the Reconstruction Era led to many significant changes in the character and ...


Law Library Blog (May 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law May 2019

Law Library Blog (May 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Beyond Suffrage: Intermarriage, Land, And Meanings Of Citizenship And Marital Naturalization/Expatriation In The United States, Shiori Yamamoto May 2019

Beyond Suffrage: Intermarriage, Land, And Meanings Of Citizenship And Marital Naturalization/Expatriation In The United States, Shiori Yamamoto

UNLV Theses, Dissertations, Professional Papers, and Capstones

This dissertation investigates how the laws of marital naturalization/expatriation, namely the Citizenship Act of 1855, the Expatriation Act of 1907, and the Cable Act of 1922 and its amendments throughout the 1930s, impacted the lives of women who married foreigners, especially in the American West, and demonstrates how women directly and indirectly challenged the practice of marital naturalization/expatriation. Those laws demanded women who married foreigners take the nationality of their husbands depending on the race of women and their husbands, making married women’s citizenship dependent on that of their husbands. Particularly under the Expatriation Act of 1907 ...


Casualties Of War? Refining The Civilian-Military Dichotomy In World War I, Eric Grube Apr 2019

Casualties Of War? Refining The Civilian-Military Dichotomy In World War I, Eric Grube

Madison Historical Review

Throughout the First World War, newspapers around the world mocked the British state for its lavish spending on captured German officers kept at Donington Hall, a refurbished English estate. Why was this camp such a controversial space of perceived decadence? I argue that its comforts seemed to linger from an earlier era, one in which military men exuded genteel civility as integral to their supposedly heroic service. The British state essentially enabled such treatment, and the public decried this space for sustaining the anachronism of aristocratic privilege in the face of a globalized total war. However, the German inmates expected ...


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 ...


Modern Misconceptions On The Wall Of Separation: An Analysis On The Influence And Misinterpretation Of Jefferson’S Separation Of Church And State, Marissa Swope Apr 2019

Modern Misconceptions On The Wall Of Separation: An Analysis On The Influence And Misinterpretation Of Jefferson’S Separation Of Church And State, Marissa Swope

Senior Honors Theses

The symbolic concept of separation between church and state defines the relationship between government and religion. While Jefferson did not author the phrase, the third President of the United States promoted the philosophy of a wall of separation between church and state in his letter to the Danbury Baptists in 1802. Jefferson’s support for a wall of separation stemmed from a strong belief in liberty of conscience and relied heavily upon the conviction to protect religious liberty. Through an analysis on the contextual history of the phrase, the original intent and application of separation of church and state becomes ...


Duncan, Parker Ward, 1909-1966 - Relating To (Sc 3396), Manuscripts & Folklife Archives Apr 2019

Duncan, Parker Ward, 1909-1966 - Relating To (Sc 3396), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 3396. Memorial resolution for Parker Ward Duncan, former Judge of the Kentucky Court of Appeals, and associated correspondence between former Kentucky Governor Bert Combs and WKU President Kelly Thompson, members of the committee composing the resolution. The resolution was presented at the dedication of a portrait of Duncan to hang in the State Capitol Building.


Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V Apr 2019

Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V

Public Land & Resources Law Review

The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s ...


Digitizing The Brooker Collection: From Dower To The Dow, Laurel Davis Apr 2019

Digitizing The Brooker Collection: From Dower To The Dow, Laurel Davis

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2019 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit focused on the Robert E. Brooker collection of land use documents and marked the completion of a project to digitize those documents


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 ...


The Mass Murder Of The European Jews And The Concept Of ‘Genocide’ In The Nuremberg Trials: Reassessing Raphaël Lemkin’S Impact, Alexa Stiller Apr 2019

The Mass Murder Of The European Jews And The Concept Of ‘Genocide’ In The Nuremberg Trials: Reassessing Raphaël Lemkin’S Impact, Alexa Stiller

Genocide Studies and Prevention: An International Journal

Nuremberg’s prosecutors prominently used Lemkin’s genocide concept. They also dealt in detail with the mass murder of Europe’s Jews. However, for them ‘genocide’ and the Holocaust were not congruent. They used different definitions of Lemkin’s concept and interpreted the relationship between the mass murder of the European Jews and the entire mass violence of the Nazis differently. Lemkin had little influence on the application of his concept in the Nuremberg trials between 1945 and 1949. The implementation of the 1948 United Nations Genocide Convention put an end to the broad use of the original concept from ...


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 ...


Puerto Rico, Inc.: Implicit Incorporation And Puerto Rico’S Right To Vote For Presidential Electors, Aaron Barden Mar 2019

Puerto Rico, Inc.: Implicit Incorporation And Puerto Rico’S Right To Vote For Presidential Electors, Aaron Barden

William & Mary Bill of Rights Journal

No abstract provided.


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.


1908 - The Missions And Missionaries Of California, Vol. I, Lower California, Zephyrin Engelhardt Feb 2019

1908 - The Missions And Missionaries Of California, Vol. I, Lower California, Zephyrin Engelhardt

Franciscan Publications

Volume I of the Missions and Missionaries in California was compiled from original sources and was intended to serve as an introduction to the history of what was referred to as Upper or Alta California. This volume addresses the origin of the missions in Lower California, it's discovery, efforts to colonize the lower peninsula, the endeavors to establish a government, learn the language, introduction of agriculture, failure of the Spanish government to adequately fund the missions, establishment of various missions, the Jesuits decline, the Franciscan period; efforts to establish missions in Upper California by Fr. Junipero Serra, Fr. Palóu ...


Divided By The Sermon On The Mount, David A. Skeel Jr. Feb 2019

Divided By The Sermon On The Mount, David A. Skeel Jr.

Faculty Scholarship at Penn Law

This Essay, written for a festschrift for Bob Cochran, argues that the much-discussed friction between evangelical supporters of President Trump and evangelical critics is a symptom of a much deeper theological divide over the Sermon on the Mount, where Jesus told his disciples to turn the other cheek when struck, love their neighbor as themselves, and pray that their debts will be forgiven as they forgive their debtors. Divergent interpretations of these teachings have given rise to competing evangelical visions of justice.

The historical context dates back to the 1880s, a period when the influence of the Sermon on the ...


Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams Feb 2019

Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams

Jamie R. Abrams

No abstract provided.