The First Century of Right to Arms Litigation

This Article examines state court cases involving the right to arms, during the first century following ratification of the Amendment in 1791. This is not the first article to survey some of those cases. This Article includes additional cases, and details the procedural postures and facts, not only the holdings. The Article closely examines how the Supreme Court integrated the nineteenth century arms cases into Heller and McDonald to shape modern Second Amendment law. Part I briefly explains two English cases which greatly influenced American legal understandings. Semayne’s Case is the foundation of “castle doctrine” — the right to home security which includes the right of armed self-defense in the home. Sir John Knight’s Case fortified the tradition of the right to bear arms, providing that the person must bear arms in a non-terrifying manner. Part II examines American antebellum cases; these are the cases to which Heller looked for guidance on the meaning of the Second Amendment. Part III looks at cases from Reconstruction and the early years of Jim Crow, through 1891. As with the antebellum cases, the large majority of post-war cases are from the Southeast, which during the nineteenth century was the region most ardent for gun control. The heart of gun control country was Tennessee and Arkansas; courts there resisted some infringements of the right to arms, but eventually gave up. Heller and McDonald did not look to the Jim Crow cases as constructive precedents on the Second Amendment.

Academie to atelier : the artistic education of American women in nineteenth-century Paris

This paper puts forth an alternate reading of the artistic climate in late nineteenth-century Paris than that which has traditionally been suggested. I propose that the expansion of creative opportunity during this time reveals a climate of communal support, consent, and progressive reform for women artists, rather than a struggle to undermine central (masculine) control, as many scholars have claimed. Specifically, I explore the work of American expatriates living in Paris, including but not limited to Cecilia Beaux, Anna Klumpke, Alice Kellogg, and Ellen Day Hale. The birth of the private academy in Paris offered women the chance to develop their artistic ability and assert their independence. The Académie Julian in particular provided a comparatively accepting and progressive environment where American women studying abroad could study from the nude model, receive proper training, and explore their full creative potential. Through an examination of a) these women’s self-portraits, and b) depictions of them painted by their contemporaries – both male and female – I further investigate the artistic education of American women in the highly-gendered cultural milieu of late nineteenth-century France.