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.

Conceptual Decolonization of Space: Worldview and Language in Anishinaabe Akiing

This dissertation examines the role of worldview and language in the cultural framework of American Indian people. In it I develop a theory of worldview which can be defined as an interrelated set of logics that orients a culture to space (land), time, the rest of life, and provides a prescription for understanding that life. Considering the strong links between language and worldview, it is methodologically necessary to focus on a particular language and culture to decolonize concepts of and relationships to land. In particular, this dissertation focuses on an Anishinaabe worldview as consisting of four components, which are; (1) an intimate relationship to a localized space; (2) a cyclical understanding of time; (3) living in a web of relatedness with all life, and (4) understanding the world around us in terms of balance. The methodological approach draws from Anishinaabemowin, the traditional Anishinaabe language, as a starting place for negotiating a linguistic-conceptual analysis of these logics to decolonize the understandings of land, time, relatedness and balance. This dissertation helps to demonstrate that the religious language as codified in the 1st Amendment to the United States Constitution as religious freedom is unable to carry the meaning of the fundamental relationships to land that are embedded in Anishinaabemowin and culture. I compare the above Anishinaabe worldview to that of the eurowestern culture in America, which is; (1) the domination of space; (2) a linear progression of time; (3) a hierarchical organization of life; and (4) understanding the world as a Manichean battle of good versus evil. This dissertation seeks to decolonize American Indian translational methodologies and undermine the assumptions of eurowestern cultural universality.

Cover to be unveiled : how meaning is revealed with sheer veils in paintings by Lucas Cranach The Elder

While scholars have questioned the meaning of Lucas Cranach the Elder’s sheer veils when associated with sensual nude figures, research about sheer veils adorning women in a religious context in his paintings has not yet been developed. Through a primarily iconographical approach, I explore who dons each type of veil, and when, to better understand why the same sheer veil is worn differently by various individuals and what that could mean relative to Cranach’s body of work. These veils exhibit artistic prowess, but analysis of their placement on individual figures also reveals how Cranach’s repeated use of sheer veils in his paintings trains the eye on underlying messages, unlocking meanings of these works for Cranach and his patrons and broader themes present in sixteenth century visual culture. My paper initiates this important discussion about how sheer veils – often overlooked in Cranach’s works – are used in both religious and secular contexts.