This research presents a comprehensive narrative of the development of slavery in early Indiana history. It chronicles the evolution from a French system of slavery to one influenced by Virginian legal code. In exploring the nature of the practiced slavery and the obstacles to slavery’s implementation, the evidence demonstrates that while Indiana did practice slavery, the state was never at risk of developing a plantation-style slave society. The 1820 Indiana Supreme Court case Polly v. Lasselle, which officially ended any legal form of slavery in the state, exemplifies the evolution of slavery and the constantly changing power relationship between owner and slave. By means of previously unused primary sources, this thesis creates a new account of the court case and places it within the context of Indiana’s slavery history. / Department of History

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No description available.

The intention of this dissertation is to expose the gendered experiences of rape victims, based on the notion that while it should be the purpose of rape laws to protect victims of rape, in many circumstances the legal process results in disempowering experiences for victims, particularly women. Therefore, I suggest that the courtroom, a supposedly just space, is one which is laced with patriarchal undercurrents that work specifically against women. Rape is a complex and multi-faceted subject that is fast becoming an epidemic. In relation to HIV/AIDS and sexuality, the issue of rape certainly becomes compounded. Deconstructing the historical and cultural experiences of women is not only necessary in attempting to understand rape, but also the reasons why the justice system, which is dominantly a male domain, may still cling to patriarchal principles. One reason for the marginalization of rape victims may be the continued regard of women as second class citizens. The rape trial, in which Jacob Zuma was the alleged rapist, is a starting point, and by referring to this case, I intend to reveal and discuss weaknesses with regard to rape law within the South African context. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2009.

With the collapse of the Visigothic kingdom, the judges of Catalonia and southern France worked to keep the region’s traditional judicial system operable. Drawing on records of judicial proceedings and church dedications from the ninth century to the end of the eleventh, this dissertation explores how judges devised a liturgically-influenced court strategy to invigorate rulings. They transformed churches into courtrooms. In these spaces, changed by merit of the consecration rite, community awe for the power infused within sacred space could be utilized to achieve consensus around the legitimacy of dispute outcomes. At the height of a tribunal, judges brought litigants and witnesses to altars, believed to be thresholds of Heaven, and compelled them to authenticate their testimony before God and his saints. Thus, officials supplemented human means of enforcement with the supernatural powers permeating sanctuaries. This strategy constitutes a hybridization of codified law and the belief in churches as real sacred spaces, a conception that emerged from the Carolingian liturgical reforms of the ninth century. In practice, it provided courts with a means to enact the mandates from the Visigothic Code and to foster stability. The result was a flexible synthesis of law, liturgy, and sacred space that was in many cases capable of harnessing spiritual and community pressure in legal proceedings.

Traces the inter-related histories of the eugenics movement and birth control, with an emphasis on abortion. Discusses Sarah Weddington's arguments and the Supreme Court's ruling in Roe v Wade. Straws the eugenic influences in the case and asserts that these influences caused the decision to be less than decisive.

A serious problem confronts the psychologist whose patient threatens, within the privacy of a therapy session, to inflict violent harm upon some third person. Therapists in Texas face a risk of unjust legal liability because of a lack of widely accepted, clearly and fully articulated standards. A questionnaire was submitted to Texas psychologists and Texas judges of mental illness courts. It involved a hypothetical case of a patient who threatened to kill his girlfriend. The hypothesis that no consensus exists at present among psychologists or judges appears to be supported by the data. Comparisons are made of the attitudes of psychologists and judges. Correlations between psychologist attitudes and certain demographic and practice variables are reported. The need for new legislation in Texas concerning legal liability of therapists for the violent behavior of patients is discussed. Proposed legislation for Texas is set out. Among its important features are (1) recognition that continued therapy is itself a protective strategy and (2) establishment of good faith as the standard by which the behavior of the therapist is to be judged.

This study deals with the Supreme Court decision in the case of Miller v. California, 413 U.S. 15 (1973). The study analyzes the arguments presented in the decision by both the majority and the dissenting justices according to the Toulmin model. This study begins with a review of viewpoints on the First Amendment, and how they will be applied to the question addressed in the thesis. The history of the obscenity controversy is detailed to explain the viewpoints that the Supreme Court has taken dealing with this problem. This study concluded that the arguments presented by the majority were not supported by ample evidence. The arguments presented by Justice Douglas in the dissent were more justified. This study concludes that more study needs to be conducted in the area of obscenity; and that the material should not be suppressed.

This is a study of the Chicago Conspiracy trial of 1969-1970, where eight radical leaders were tried in connection to the riots during the 1968 Democratic National Convention in Chicago, Illinois. The purpose of this thesis is to explore the meanings of the trial to American society in 1970 and from today's historical vantage point. Differing from first-hand accounts of the trial in the early 1970s, this study examines the different public perspectives of the trial through the use of such primary sources as underground newspapers, the defendants' writings, and appeals documents. Particular attention is devoted to the interpersonal relationships between the leading participants of the trial (the judge, attorneys, defendants, jurors, journalists, and spectators).The thesis is organized to highlight the major issues and controversies of the trial, while still addressing the personalities involved in the case. The context of the trial in an era of active American radicalism is examined both before and after the case was tried. An entire chapter is devoted to examining the diverse participants in the trial and the different roles they played in the event. Since the trial was so controversial because of legal issues and the conduct of the courtroom participants, a chapter has been devoted to both of these areas. Paticular attention is paid to events precipitating the prosecution of the eight radicals, including the Chicago Convention disorders and the federal grand jury that handed down the indictments. This organization lays a foundation for exploring the contemporary and historical significances of the trial in the conclusion of the study.