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Paul Finkelman - One of the best experts on this subject based on the ideXlab platform.

  • The 2016 American Election: Is This Any Way for a Democracy to Choose a Leader?
    2016
    Co-Authors: Paul Finkelman
    Abstract:

    September 21, 2016 ~ JSGS Public Lecture ~ The 2016 American Election: Is this any way for a democracy to choose a leader? Presented by Dr. Paul Finkelman, Ariel F. Sallows Visiting Professor of Human Rights, University of Saskatchewan. Moderated by Dr. Ken Coates, JSGS.

  • A Political Show Trial in the Northern District: The Oberlin-Wellington Fugitive Slave Case
    2012
    Co-Authors: Paul Finkelman
    Abstract:

    This chapter appears in the recently published Justice and Legal Change on the Shores of Lake Erie: A History of the U.S. District Court for the Northern District of Ohio (ed. Paul Finkelman and Roberta Sue Alexander) (Ohio Univ. Press, 2012). This chapter is the first scholarly work to examine the legal history of the indictments and trials of abolitionists after the famous Oberlin-Wellington Fugitive Slave Rescue. The article argues that Judge Hiram Willson, the first judge in the new Northern District of Ohio was biased in favor of the prosecution and openly hostile and unfair to the defendants. At the same time, the chapter argues that the abolitionist defendants happily politicized the trials and remained in jail during the trials when they could have easily arranged to be released without actually positing bail. The chapter concludes that in the end the trials were an enormous embarrassment to the Buchanan administration and were mostly helpful to antislavery Republicans.

  • Between Scylla and Charbydis: Anarchy, Tyranny, and the Debate Over a Bill of Rights
    2010
    Co-Authors: Paul Finkelman
    Abstract:

    Scylla and Chardydis are the mythical sea monsters who were said to have posed an inescapable threat to passing sailors traveling through the Strait of Messina: this article suggests that the Federalists and Antifederalists were the beasts between which the Bill of Rights had to pass. As is evident by the debates between Federalists and Antifederalist during the Constitutional Convention, both sought to construct a framework that would preserve individual liberty and establish justice. Here, Professor Finkelman discusses the trials and tribulations during the debates that lead to the creation of the Bill of Rights. Despite a great deal of mistrust on the part of both Federalists and Antifederalists, they were able to come together in support on one of our nation’s most important founding documents.

  • German Victims and American Oppressors: The Cultural Background and Legacy of Meyer V. Nebraska
    2010
    Co-Authors: Paul Finkelman
    Abstract:

    In this article, Professor Finkelman discusses the Supreme Court decision in Meyer v. Nebraska. During and after WWI, German Americans were the targets of harassment, suppression, police brutality, and mob violence. Finkelman asserts that the Meyer case stands out as the most significant civil liberties victory of the WWI period and serves as an immediate prelude to the incorporation of the Bill of Rights through the Fourteenth Amendment, making it applicable to the states.

  • 'The Law, and Not Conscience, Constitutes the Rule of Action': The South Bend Fugitive Slave Case and the Value of 'Justice Delayed'
    2010
    Co-Authors: Paul Finkelman
    Abstract:

    In this article, Professor Finkelman discusses the South Bend Fugitive Slave case, an unusual example of northern resistance to the return of fugitive slaves: the slaves were peacefully released by a state judge after two hearings into their status rather than a dramatic rescue as there was in other cases of the day. However, Finkelman suggests that the case provides a useful framework for examining a variety of antebellum legal and social issues.

Carol Kenner - One of the best experts on this subject based on the ideXlab platform.

Anita Finkelman - One of the best experts on this subject based on the ideXlab platform.

David H. Connolly - One of the best experts on this subject based on the ideXlab platform.

  • Signposts: New Directions in Southern Legal History
    Journal of Southern History, 2014
    Co-Authors: David H. Connolly
    Abstract:

    Signposts: New Directions in Southern Legal History. Edited by Sally E. Hadden and Patricia Hagler Minter. Studies in the Legal History of the South. (Athens, Ga., and London: University of Georgia Press, 2013. Pp. [xiv], 473. Paper, $26.95, ISBN 978-0-8203-4499-7; cloth, $69.95, ISBN 978-0-8203-4034-0.) Thirty years ago, legal historians David J. Bodenhamer and James W. Ely Jr. pressed the need to study how sectional beliefs and identity affected the development of American law. Their push for a regional approach as an organizing theme produced the valuable essay collection Ambivalent Legacy: A Legal History of the South (Jackson, Miss., 1984). Moreover, legal scholar Paul Finkelman observed that southern law and its practice had been largely ignored, overshadowed by northern legal history. The distinctive nature of southern legal history, however, offered opportunities to understand the development of law regionally and its influence on the evolution of American law nationally (Finkelman, "Exploring Southern Legal History," North Carolina Law Review, 64 [November 1985], 77-116). Continuing these efforts, editors Sally E. Hadden and Patricia Hagler Minter have added to the growing body of southern legal history initiated by Ambivalent Legacy and by other legal scholars, such as Finkelman and the late Kermit L. Hall, with Signposts: New Directions in Southern Legal History, containing essays that go beyond race and slavery to address southern constitutional and legal history as well as public and private law. Indeed, this collection's move away from an emphasis on slavery and race is even more evident when comparing it with Local Matters: Race, Crime, and Justice in the Nineteenth-Century South (Athens, Ga., 2011), a fine collection of essays edited by Christopher Waldrep and Donald Nieman. Hadden and Minter's approach successfully meets their hopes of demonstrating the "dynamism and diversity" of southern legal history and the essential role it plays in understanding the history of the South (p. 1). Signposts is divided into three themes to underscore the variety of topics and approaches in the scholarship: "Colonial and Early National Legal Regimes"; "Law and Society in the Long Nineteenth Century"; and "Constitutionalism, Civil Rights, and Civil Liberties." While race and slavery are not completely removed, the essays address a range of areas, including gender, politics, culture, and society. Moreover, the periodization encompasses non-Anglo legal systems during European colonization of the region; for example, Susan Richbourg Parker's essay examines adaptation of Spanish dowry laws to local conditions in colonial St. …

Jasper T. Wouda - One of the best experts on this subject based on the ideXlab platform.

  • Computerized classification testing in more than two categories by using stochastic curtailment
    2020
    Co-Authors: Jasper T. Wouda
    Abstract:

    Computerized classification testing (CCT) can be used to increase efficiency in educational measurement. The truncated sequential probability ratio test (TSPRT) has been widely studied as a decision algorithm in CCT for two or more categories. Finkelman (2003) added an algorithm to the TSPRT in the form of stochastic curtailment, to classify an examinee in an even earlier stage of testing. This stochastically curtailed SPRT (SCSPRT) halts testing when a change of classification is possible, but unlikely. Finkelman (2003) adapted the algorithm for two categories and with fixed item ordering. The current study replicates his results, replicates it in realistic settings, and subsequently generalizes the SCSPRT to three categories while using adaptive item selection. The results show increased efficiency both when using one and two cut points. Different item selection methods are discussed.

  • Constrained Item Selection Using a Stochastically Curtailed SPRT
    2020
    Co-Authors: Jasper T. Wouda
    Abstract:

    Computerized classification testing (CCT) provides the means to increase efficiency in educational testing. The stochastically curtailed sequential probability ratio test (SCSPRT) (Finkelman 2003, 2004, 2008) has been tested as an efficient alternative to the most frequently used decision algorithm in CCT for mastery testing, the sequential probability ratio test (SPRT). However, in order to be applied in operational tests, non-statistical constraints must also be considered. In this study, the efficiency gain of different constraint handling methods were compared, together with different item selection methods. The applied constraints were content balancing and exposure control. The methods for exposure control compared for the SPRT and SCSPRT were the Sympson-Hetter method, the progressive method, and alpha-stratified testing. The methods for content balancing compared were the Kingsbury-Zara (Kingsbury & Zara, 1989; Kingsbury & Zara, 1991) approach and the weighted deviation method (WDM) of Stocking and Swanson (1993). Results show that the Kingsbury-Zara method, combined with the Sympson-Hetter approach, showed the largest gain in efficiency for the SCSPRT.