ABSTRACT STUDENT ACCESS TO HIGHER EDUCATION A HISTORICAL ANALYSIS OF LANDMARK SUPREME COURT CASES MISSOURI EX. REL. GAINES V. CANADA, REGISTRAR OF THE UNIVERSITY OF MISSOURI, 1938, AND GRUTTER V. BOLLINGER, 2003 by Ansley Knox Daniel The purpose of this study is to identify primary themes related to student access to higher education and establishing diversity in higher education classrooms through a comparative analysis of the 1938 Gaines v. Canada case and the 2003 Grutter v. Bollinger case. Both of these Supreme Court opinions have significantly impacted student access to higher education. The landmark ruling in Gaines inaugurated a new and ground-breaking series of legal victories that opened minority student access to higher education and eventually to secondary education. In Grutter, the Supreme Court upheld the use of race as one of many factors that can be used to consider in the student admissions process in higher education to encourage diversity in student populations and in leadership opportunities. Using a methodology of historiography of education law, the intention of this study is to expand the historical and legal implications of the Gaines and Grutter cases, focusing on the application of the Equal Protection Clause of the Fourteenth Amendment and the relationship between the outcomes of the cases and the judicial interpretation employed by the justices. In Grutter, while considering narrow-tailoring and strict scrutiny to check for the legal development and implementation of affirmative action policies, the justices prioritize providing equal access to higher education for all students and ensuring meaningful diversity in university classrooms for an extended, but still limited, time period. It is valuable for historians of the law and members of the legal profession to consider the notion of active liberty articulated by Justice Stephen Breyer (2005) when developing their interpretation of the Equal Protection Clause and how it should be applied.

The Hours of Edith G. Rosenwald (c.1340–80) is a small book of hours in the Rosenwald Collection at the Library of Congress. Despite unique iconography and luxurious illuminations, this manuscript has so far received little scholarly attention. This thesis analyzes the size and iconography of the Rosenwald Hours to suggest that it was designed for a specific owner and function. No surviving documentation gives evidence of ownership, yet the standard program of miniatures was changed to suit a specific audience. The manuscript’s iconographic program and stylistic treatment are here considered in the context of contemporary books made for women, particularly women of the royal court in Paris, to suggest a likely audience. One of only a few extant miniature books of hours, the Rosenwald Hours is a valuable tool for looking at the place of small manuscripts in medieval society. This thesis examines the physical size, the iconography, and the inclusion of saint portraits as indicators of a function beyond the standard devotional use. A case is made for the manuscript’s connection to pilgrimage and to protective amulets. Combined with the assessment of its iconography, this study suggests an owner and intended use for miniature books of hours that provides a new way to look at these manuscripts, from obscure Flemish examples to the famous Hours of Jeanne d’Evreux. / text

Master of Arts / History / Lou F. Williams / During the course of Reconstruction both the Supreme Court and the lower level federal courts faced the task of interpreting Reconstruction legislation, including the Thirteenth, Fourteenth and Fifteenth Amendments and the Enforcement Acts. By the end of Reconstruction the Supreme Court had defined these groundbreaking pieces of legislation in a conservative manner that negatively impacted the former slaves. The lower-level courts, however, had embraced earlier opportunities to broaden the nationalistic meaning of these Amendments. One such opportunity was United States v Hall. This trial level court case initially expanded the scope of the Fourteenth Amendment to protect the rights of African Americans. The Hall Case was one of the great “might have beens” in U.S. Constitutional history. This study analyzes Ku Klux Klan violence leading up to the Eutaw riot and the subsequent court case, U.S. v Hall. Conflict broke out during a pre-election political rally when Democrats and Republicans met simultaneously at the Greene County, AL, Court House. The riot resulted in the federal government’s attempts to prosecute the rioters under the Enforcement Act of 1870. The Hall case was one of the first in which federal judges interpreted the Fourteenth Amendment. Federal prosecutors challenged the judges to make a broad, nationalistic interpretation, which would have enabled the federal government to protect the rights of the former slaves for the long haul. What—exactly—were the privileges and immunities of national citizenship? Did the Fourteenth Amendment apply the Bill of Rights to the states? Are these rights protected against the state governments? These are the issues Attorney General John P. Southworth and Circuit Court Judge William Woods tackled in the federal trial. Ultimately, the government failed to secure a conviction of the rioters but set a strong precedent in Judge Woods’ opinion for later federal courts to establish the Fourteenth Amendment’s connection to the Bill of Rights. Unfortunately, the Supreme Court failed to follow the precedent. This analysis provides historians a better understanding of the work of the lower level federal courts’ and their contribution to the constitutional issues of Reconstruction.

O principal objetivo desta dissertação é estudar um contraexemplo para o Décimo Quarto Problema de Hilbert no caso de dimensão n = 5, que foi apresentado por Arno van den Essen ([6]) em 2006 e que é baseado em um contraexemplo de D. Daigle e G. Freudenburg ([4]). Para isso, serão estudados os conceitos fundamentais da teoria de derivações e os princípios básicos das derivações localmente nilpotentes, bem como seus respectivos corolários. Dentre esses princípios encontra-se o Princípio 13, que garante que, se B é uma k- álgebra polinomial, digamos B = k[x1; ..., xn], (onde k é um corpo de característica zero) e D é uma derivação localmente nilpotente sobre B, então seu núcleo A = ker D satisfaz A = B &cap: Frac(A). Assim encontramos o contraexemplo esperado, ao mostrar que A não é finitamente gerado sobre k. Além disso, no apêndice deste trabalho, é dada uma prova para o caso de dimensão 1 do Décimo Quarto Problema de Hilbert. / The main objective of this thesis is to study a counterexample to the Hilberts Fourteenth Problem in dimension n = 5, which was presented by Arno van den Essen ([6]) in 2006 and that is based on a counterexample of D. Daigle and G. Freudenburg ([4]). For these purpose, we study the fundamental concepts of the theory of derivations and the basic principles of locally nilpotent derivations and their corollaries. Among these principles, Principle 13 ensures that if B is a k-algebra polynomial, say B = k[x1; ..., xn], (where k is a field of characteristic zero) and D is a locally nilpotent derivation on B, then its kernel A = ker D satisfies A = B ∩ Frac(A). Once we have proved that A is not finitely generated over k, we find the expected counterexample. In addition, in the appendix of this work is given a proof for the Hilberts Fourteenth Problemin dimension n = 1.

This thesis proposes a solution to the fourteenth puzzle stated in Aristotle's Metaphysics Book 3, Chapter 6. For the most part I rely on Metaphysics Books 7 and 8 to find a solution and I treat the essences of natural beings in the context of a naturalized metaphysics. I conclude that essences are at once particular and universal. What is novel about my solution is that it allows Aristotle to maintain three important theses: (1) substance is particular, (2) knowledge is of universals, (3) the law of contradiction. I claim that Aristotle is able to maintain theses 1 and 2 without contradiction by giving matter a significant role to play in the solution. As a secondary task, I evaluate Aristotle's claim that essence is primary substance in the Metaphysics. I conclude that the right to the title of primary substance belongs to the following candidates in this order: sensible substances, essences, matter. / Thesis / Master of Arts (MA)

The purposes of the following thesis is to research United States Supreme Court sex-discrimination jurisprudence and ascertain if Fourteenth Amendment legislative history was used, referred to, cited to, or quoted from, by the Supreme Court Justices in their opinions regarding sex-discrimination cases since the Amendment was ratified in 1868. Legislative history is a window into the drafting, debating, and intricate crafting of laws and amendments. When words and phrases that are used in the statutes, codes, and amendments are ambiguous or unclear, judges and justices should use the legislative history to ascertain the intent of the framers of the legislation. The methodology that was employed for this thesis was through the researching of all relevant United States Supreme Court cases as to what was written by the Justices in their opinions. Research was conducted into the relevant law review articles on the subject of legislative history of the Fourteenth Amendment, Supreme Court sex-discrimination jurisprudence, and the historical impact of Court decisions on the law relative to sex-discrimination. After extensive research, it was discovered that the United States Supreme Court has established over 144 years' worth of sex-discrimination jurisprudence. The law review article research revealed that the lack of legislative history research by the Court has not gone unnoticed by the legal community or the women's rights community since the Fourteenth Amendment was originally drafted. The research and analysis of the sources of sex-discrimination from cases, law review articles, and books on the subject, led to the conclusion that no Fourteenth Amendment legislative history was ever used by the Supreme Court of the United States as part of its development of sex-discrimination jurisprudence.

Substantive due process has been of great importance to the decision of many Supreme Court cases since its beginning. Since its inception in Lochner v. New York,[1] the Supreme Court has used the theory of substantive due process in order to grant numerous rights to individuals and this theory has been interpreted differently by each Justice that has crossed its path. This thesis will explain how recent changes in the composition of the United States Supreme Court make it likely that judicial opinions involving substantive due process will be decided differently. The United States Supreme Court’s future substantive due process jurisprudence will narrow the reach of Substantive Due Process. Justices and their past opinions as well as statements on their analysis of substantive due process will be scrutinized in order to come to this conclusion. This thesis will examine the evolution of substantive due process as well as how each Justice’s distinct views affect it within the Supreme Court’s composition. By determining how the Supreme Court is most likely to proceed and examining the rights already granted through substantive due process this thesis will come to a determination on whether the protection of the rights granted to individuals would be maintained. [1] Lochner v. New York, 198 U.S. 45, 25 S. Ct. 539, 49 L. Ed. 937 (1905)

The present dissertation attempts to follow and analyze each and every individual stage of food provisioning of a late medieval monastic community. Chapter One is an introductory survey, describing the topic, its status quaestionis, problems and methodology. Chapter Two establishes the geography of crops in the rural hinterland of Norwich, with each manor specializing in different crop. A close analysis of the crop geography partially supports the Von Thünen thesis. Chapter Three looks at the agricultural trends of the demesnes. Roughly speaking, the period between c. 1290 and 1370 was a history of wheat’s expansion at the expense of rye, on the one hand, and legume shrinkage at the expense of grazing land. Chapter Four discusses annual grain acquisition, its components and disposal. It shows that about eighty per cent of the total supply derived from harvest, while the remainder came in form of tithes, grants and purchases. Chapter Five deals with the human and equine interaction. The bovine population was certainly dominant, but the draught horses easily outnumbered the oxen. Each year,the Priory authorities saved a great deal of money, because of (virtually) free customary carting service. Chapter Six explores the space for storing and processing of the annual grain supply. The five adjacent buildings, namely the Great Granary, brewery, bakery, mill and staples, allowed most effective cooperation between dozens of Priory labourers working in victual departments, on the one hand, and decreased transportation costs. Chapter Seven attempts to establish the relation between the Priory population, its annual grain supply and demand. Conversion of the grain into approximate calorific and financial equivalent reveals that the supply must have exceeded the demand. Chapter Eight is deals with the actual consumption of the grain supply. As far as Norwich monks are concerned, their annual bread and ale supply has certainly exceeded their normal requirements and there is no hint about selling the surplus. Joining the bread and ale accounts with those of the cellar, we arrive at astonishing calorific figures. Chapter Nine discusses the charity activities of Norwich Priory, particularly connected to the distribution of bread and ale among the needy. There were three distinctive groups: hermits, prisoners and paupers. According to almoner’s accounts, the Priory allocated generous sums of loaves and ale to the paupers.

This paper examines the causes of the rise in vacancies on the federal courts in recent decades. Under President Barack Obama, the number of vacancies on the federal courts has sharply jumped. This is due to firm opposition by Senate Republicans, who have used the various procedural tools of that body to make it difficult for nominees to get confirmation. This antagonism is the result of a shift in how the parties view the courts and their role in the American political process. The Warren Court's expansion of substantive due process rights increased the Court's powers to the chagrin of conservatives. Republicans responded by blocking the nomination of Abe Fortas for Chief Justice; Democrats retaliated by defeating several of Richard Nixon's nominees to replace Fortas. These battles, and the prominence of legal issues such as abortion, would culminate in the vicious fight over Ronald Reagan's nomination of Robert Bork to the Court, which influenced increasingly bitter fights in recent decades. I also propose a possible solution to the obstruction problem, inspired by procedures used in jury selection.

The present dissertation attempts to follow and analyze each and every individual stage of food provisioning of a late medieval monastic community. Chapter One is an introductory survey, describing the topic, its status quaestionis, problems and methodology. Chapter Two establishes the geography of crops in the rural hinterland of Norwich, with each manor specializing in different crop. A close analysis of the crop geography partially supports the Von Thünen thesis. Chapter Three looks at the agricultural trends of the demesnes. Roughly speaking, the period between c. 1290 and 1370 was a history of wheat’s expansion at the expense of rye, on the one hand, and legume shrinkage at the expense of grazing land. Chapter Four discusses annual grain acquisition, its components and disposal. It shows that about eighty per cent of the total supply derived from harvest, while the remainder came in form of tithes, grants and purchases. Chapter Five deals with the human and equine interaction. The bovine population was certainly dominant, but the draught horses easily outnumbered the oxen. Each year,the Priory authorities saved a great deal of money, because of (virtually) free customary carting service. Chapter Six explores the space for storing and processing of the annual grain supply. The five adjacent buildings, namely the Great Granary, brewery, bakery, mill and staples, allowed most effective cooperation between dozens of Priory labourers working in victual departments, on the one hand, and decreased transportation costs. Chapter Seven attempts to establish the relation between the Priory population, its annual grain supply and demand. Conversion of the grain into approximate calorific and financial equivalent reveals that the supply must have exceeded the demand. Chapter Eight is deals with the actual consumption of the grain supply. As far as Norwich monks are concerned, their annual bread and ale supply has certainly exceeded their normal requirements and there is no hint about selling the surplus. Joining the bread and ale accounts with those of the cellar, we arrive at astonishing calorific figures. Chapter Nine discusses the charity activities of Norwich Priory, particularly connected to the distribution of bread and ale among the needy. There were three distinctive groups: hermits, prisoners and paupers. According to almoner’s accounts, the Priory allocated generous sums of loaves and ale to the paupers.