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Articles 1 - 30 of 33
Full-Text Articles in Law
Race, Surveillance, Resistance, Chaz Arnett
Race, Surveillance, Resistance, Chaz Arnett
Faculty Scholarship
The increasing capability of surveillance technology in the hands of law enforcement is radically changing the power, size, and depth of the surveillance state. More daily activities are being captured and scrutinized, larger quantities of personal and biometric data are being extracted and analyzed, in what is becoming a deeply intensified and pervasive surveillance society. This reality is particularly troubling for Black communities, as they shoulder a disproportionate share of the burden and harm associated with these powerful surveillance measures, at a time when traditional mechanisms for accountability have grown weaker. These harms include the maintenance of legacies of state …
Eugenics, Jim Crow, And Baltimore's Best, Garrett Power
Eugenics, Jim Crow, And Baltimore's Best, Garrett Power
Faculty Scholarship
No abstract provided.
Interest And Irritation: Brown V. Maryland And The Making Of A National Economy, Henry P. Callegary
Interest And Irritation: Brown V. Maryland And The Making Of A National Economy, Henry P. Callegary
Legal History Publications
This paper examines the United States Supreme Court case Brown v. Maryland, 25 U.S. (12 Wheat.) 419 (1827), which struck down Maryland’s licensing fee on wholesalers of imported goods. In doing so, the Court reaffirmed its commitment to a national economic policy, instead of a state-centric system. This paper explores the context of the decision, including profiles of the parties involved, the attorneys for both sides, the lower court decisions, and the majority opinion and dissent from the United States Supreme Court. Additionally, this paper follows the lineage of the case through to the present day, examining its doctrinal impact …
The Bellona Company's Case, Casey Conrad
The Bellona Company's Case, Casey Conrad
Legal History Publications
The Bellona Gunpowder Company of Maryland was one of Maryland’s most prominent gunpowder manufactories during the early nineteenth century. Founded in 1801, the gunpowder company become the second leading gunpowder producer for the American government, and supplied almost one-fifth of American domestic gunpowder. In 1828, the Baltimore and Susquehanna Railroad Company was incorporated by the State of Maryland to construct a railroad that would connect the City of Baltimore to the Susquehanna River. The legislature authorized the railroad company to initiate condemnation proceedings against private property owners, if it was unable to negotiate for the sale of such land. In …
Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard
Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard
Faculty Scholarship
No abstract provided.
The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price
The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price
Legal History Publications
After the War of 1812, the maritime industry began to decline and merchants and mariners began serving as privateers for Latin American colonies ceding from Spain. This paper examines the Supreme Court decision in an action filed on behalf of the Spanish government seeking restitution for cargo seized from a Spanish vessel, the Santissima Trinidad, on the high seas by the Independencia Del Sud, a public vessel of Buenos Ayres. The Court holds that jurisdiction exists for neutrality violations as the goods were landed at Norfolk, Virginia and the public vessel had an illegal augmentation of force in a U.S. …
Maryland Insurance Co. V. Woods, Andrew Weissenberg
Maryland Insurance Co. V. Woods, Andrew Weissenberg
Legal History Publications
Maryland Insurance Company v. Woods, 10 U.S. 29 (1810). In 1803, Britain utilized France’s interference in the Civil Swiss Strife as a pretext to continue its occupancy of Malta, effectively ending the short-lived Treaty of Amiens. As the most impressive Naval Power in the world, Britain proceeded to blockade French, Spanish, and Dutch ports. In 1805, Williams Woods purchased two insurance policies from The Maryland Insurance Company, a successful and lucrative Baltimore marine insurance institution. The two policies covered the ship, The William and Mary, and its cargo. The policy assured the journey from Baltimore to Laguira, with “liberty at …
Baltimore's Piratical Patriot Privateers: The Arrogante Barcelones, 20 U.S. 496 (1822), Shannon Byrne
Baltimore's Piratical Patriot Privateers: The Arrogante Barcelones, 20 U.S. 496 (1822), Shannon Byrne
Legal History Publications
The case of The Arrogante Barcelones involved a complicated story of facts, due in part to the cunningness of one of the main players, Joseph Almeida. Almeida’s maneuvers make sense when viewed through the lens of nineteenth century Baltimore, the War of 1812, and U.S. citizens’ involvement in South American privateering. At first glance, this case seems to hinge on issues regarding the validity of Almeida’s commission, the authority of the condemnation, and the sufficiency of the documentation produced to prove it. However, the United States Supreme Court ultimately avoids untangling those maritime issues and instead bases its opinion in …
Manro V. Almeida: Piracy, Maritime Torts, And Attachment In Rem, Stephanie Owen
Manro V. Almeida: Piracy, Maritime Torts, And Attachment In Rem, Stephanie Owen
Legal History Publications
In 1820, Captain Joseph Almeida, on the Bolivar and under South American colors, pursued and captured the Spanish ship Santiago off the coast of the Chesapeake Bay. On board was $5000 in specie owned by a small group of Baltimore merchants. The Baltimore merchants brought a libel against Captain Almeida and requested an attachment in rem to force Captain Almeida to answer for the maritime tort. Although the attachment initially issued, the lower court restored Captain Almeida’s goods. In 1825, the United States Supreme Court ruled that attachment in rem was a proper remedy for a maritime tort.
Legal History Seminar: Leading Maryland Cases, Edward C. Papenfuse, Garrett Power
Legal History Seminar: Leading Maryland Cases, Edward C. Papenfuse, Garrett Power
Faculty Scholarship
For the past decade, we have collaborated in presenting "Legal History Seminar: Leading Maryland Cases" at the University of Maryland Francis King Carey School of Law. In recent years, the seminar has paid particular attention to legal cases and controversies arising in Baltimore, Maryland - a city rich with historic tumult and beset with urban problems. The 2010 offering considered the city's environmental controversies; the 2011 offering addressed the administration of justice in Baltimore during the Civil War; and the 2012 offering looked at Baltimore in the War of 1812.
While the focus of the seminar has changed from year …
The Merrimack, 12 U.S. 317 (1814): Transatlantic Trade And The Transfer Of Property During The War Of 1812, Jeremy Esperon
The Merrimack, 12 U.S. 317 (1814): Transatlantic Trade And The Transfer Of Property During The War Of 1812, Jeremy Esperon
Legal History Publications
A key prong of American strategy during the War of 1812 was to enlist the aid of privateers – private actors licensed by the government to use force against the enemy. Among the ships American privateers seized during the war pursuant to this strategy was the Merrimack, an American-owned vessel returning from Liverpool, England to Baltimore, Maryland carrying on board a cargo of British goods. Her seizure led to the Supreme Court case The Merrimack, 12 U.S. 317 (1814), a seemingly banal case that in fact is a cautionary tale for merchants of one belligerent nation seeking to …
The Anne, 16 U.S. 435 (1818): The Fate Of Vessels Captured After The War Of 1812, Kimberly Schindel
The Anne, 16 U.S. 435 (1818): The Fate Of Vessels Captured After The War Of 1812, Kimberly Schindel
Legal History Publications
The War of 1812 officially ended in 1815 with the Treaty of Ghent, but many vessels were captured and condemned as prizes after the Treaty was ratified. One of those ships was The Anne. This paper describes The Anne's capture and analyzes it within its place in history. Particularly, it looks at the role of neutral nations during wartime, and the effect they had on prizes captured within their territory. Finally, it analyzes the legal aspects of the case, including the arguments and opinions and discusses the impact that The Anne had on principles of maritime law.
Thirty Hogsheads Of Sugar V. Boyle, 9 Cranach 191 (1815): How One Case Expanded The American Conception Of Prize Law, Emily Miller
Thirty Hogsheads Of Sugar V. Boyle, 9 Cranach 191 (1815): How One Case Expanded The American Conception Of Prize Law, Emily Miller
Legal History Publications
The outbreak of the War of 1812 introduced an opportunity for merchants and sailors alike, as the concept of privateering became a key facet in the United States’ war at sea. This case, Thirty Hogsheads of Sugar v. Boyle, is an illustration of such privateering activity, as Thomas Boyle, commander of the privateer ship, the Comet, engaged in prize taking activity with a British ship, after receiving a commission from the government on June 29, 1812. This paper puts this particular case into the greater privateering context surrounding the War of 1812, exploring why the case may have …
Warts And All: How The Plattsburgh Should Change The Way We Look At The Face Of Baltimore Maritime History, David Seaton
Warts And All: How The Plattsburgh Should Change The Way We Look At The Face Of Baltimore Maritime History, David Seaton
Legal History Publications
In 1820 the Plattsburgh was condemned for violating federal anti-slave trade legislation. This little known, rarely cited Supreme Court decision is important, because it pierces the veneer of romanticism that has been allowed to sugar over our recollection of Baltimore's maritime history. The case indicates that some of the most prominent ship owners and captains at the time, including Thomas Sheppard, John N. D'Arcy, Henry Didier, and Thomas Boyle, have links to the slave trade. This paper explores the cruel realities of the international slave trade, the ineffective federal laws aimed at prohibiting it, and the efforts by merchants to …
Baptiste V. De Volunbrun 5 H. & J. 86 (Md 1820): The Events Surrounding An Early Nineteenth-Century Freedom Petition Before The Maryland Court Of Appeals, Kurt Ellerbe
Legal History Publications
BAPTISTE V. DE VOLUNBRUN 5 H. & J. 86 (Md. 1820): In Jean Baptiste’s 1820 freedom petition we have not only a slavery case typical of the region and period, but also a compelling and informative narrative from the beginning of the end of North America’s nearly two hundred and fifty year era of slavery. This epic has its roots in the some of the earliest African arrivals to the new world and was significantly influenced by the major trends in philosophy that immediately preceded its commencement, as well as a concurrent and burgeoning American abolitionist movement. It features questionable …
A Monetary Misunderstanding: Smith V. Gilmore And Baltimore's Place In Turn Of The 19th Century Globalization, John P. Gates
A Monetary Misunderstanding: Smith V. Gilmore And Baltimore's Place In Turn Of The 19th Century Globalization, John P. Gates
Student Articles and Papers
As the young United States entered the 19th century, the City of Baltimore had become a major center of America’s international commerce. Baltimore had quickly risen from a relatively small town on the Chesapeake Bay to the home of the country's third busiest trading port and one of its fastest growing cities in less than two decades.
The case of Smith v. Gilmor (M.D. 1816), a lawsuit between two prominent Baltimore merchants, was emblematic of the early days of globalization and the confusion this clash of cultures caused in the world of international trade. The controversy in this case …
Stewart V. Mcintosh, 4 H. & J. 233 (1816), Rhett Donnelly
Stewart V. Mcintosh, 4 H. & J. 233 (1816), Rhett Donnelly
Student Articles and Papers
Stewart v. M’Intosh was argued during the time period of the Jay Treaty, the Quasi-War, the Haitian Revolution, and the War of 1812. The facts begin at the end of the 18th century and extend into the early 19th century. The arguments and ruling were based on trade restrictions between United States citizens and territories under French control. The plaintiffs focused their arguments on the specific language of the Congressional acts, which outlawed trade with French territories but did not directly mention the regions at issue, while the defendants looked at the implications of the acts and the …
The Lutheran Church During The Civil War: The Case Of Rev. Zimmerman, Jennifer H. Cornely
The Lutheran Church During The Civil War: The Case Of Rev. Zimmerman, Jennifer H. Cornely
Legal History Publications
In 1864 a pastor walked into the Superior Court of Baltimore and sued his Congregation. The pastor, Reverend Leonhard Frederick Zimmerman (Rev. Zimmerman), wanted to be reinstated to his position as pastor of the St. Stephen’s German Evangelical Lutheran Church (St. Stephen’s), following a close vote calling for his dismissal. The Maryland Court of Appeals affirmed the reinstatement of the Rev. Zimmerman, however neither case discussed the underlying reason for his dismissal. In this project it was necessary to explore the Lutheran Church during the Civil War by studying the history of the Lutheran Church in America, the history of …
"Displaced By A Force To Which They Yielded And Could Not Resist": A Historical And Legal Analysis Of Mayor And City Counsel Of Baltimore V. Charles Howard Et. Al, Matthew Kent
Legal History Publications
The experience of the Baltimore Police Commissioners is instructive in understanding the state of affairs in Baltimore during the Civil War era. The removal of the commissioners by the Union Army and the subsequent civil trial, The Mayor and City Council of Baltimore v. Charles Howard, provides a window through which one may examine the historical, legal and political circumstances of the time. The legal status of the commissioners also sheds light on modern legal doctrine related to the detention of American citizens as “enemy combatants” without the benefit of certain constitutional guarantees. By analyzing the Howard case with a …
The Mayor And City Council Of Baltimore V. The Baltimore And Ohio Railroad (1864), Joshua Cover
The Mayor And City Council Of Baltimore V. The Baltimore And Ohio Railroad (1864), Joshua Cover
Legal History Publications
The B&O Railroads area of operations during the Civil War placed it both in harms way, as well as presented opportunities for immense profit and expansion. However, two distinct parties within the board of directors remained at odds over the nature and direction of the growth. Using one particular case as a foundation, this paper examines the dynamics of the board of directors during the Civil War through a case study of a injunction brought by members of the board against the controlling board as a whole. Within a comprehensive examination of the history of the B&O and its role …
The Baltimore Development Corporation: A Case Study Of Economic Development Corporations, Shadow Government, And The Fight For Public Transparency And Accountability, Maximilian Tondro
The Baltimore Development Corporation: A Case Study Of Economic Development Corporations, Shadow Government, And The Fight For Public Transparency And Accountability, Maximilian Tondro
Legal History Publications
This paper explores the limited public accountability of local quasi-public development corporations in negotiating and implementing public redevelopment projects by examining the history of the Baltimore Development Corporation (BDC). For most of its two-decade existence the BDC has strenuously resisted all public inquiry and oversight, a tradition inherited from its predecessors that originated as private business-led entities performing tasks under contract with Baltimore City (City). Like other similar quasi-public local development corporations, the BDC justified its need for secrecy as necessary to ensure the BDC’s effectiveness and efficiency in negotiating with private businesses on redevelopment projects. This assertion that a …
State Of Maryland V. Louis Hyman: Did Progressivism, Concern For Public Health, And The Great Baltimore Fire Influence The Court Of Appeals?, Justin Haas
Legal History Publications
In the latter half of the nineteenth century, increased immigration from eastern Europe and a growing garment industry in Baltimore led to vast growth in so-called sweatshops: cramped workspaces in which clothing was partially or completely sewn for market. As the sweatshops grew, integrated clothing factories were also emerging, finally becoming a real force in the Baltimore garment industry around the turn of the twentieth century. As the integrated factories grew, the workers joined in the growing organized labor movement, and then began to push for greater protections for the health and safety of workers, as well as fair wages. …
Caretti V Broring Building Company: The Sewering And Planning Of A City, Sheba Newman-Blount
Caretti V Broring Building Company: The Sewering And Planning Of A City, Sheba Newman-Blount
Legal History Publications
Caretti v Broring Building Company was a case decided by the Court of Appeals of Maryland in 1926. Louis and Lucia Caretti sued the Broring Building Company in 1925 to enjoin them from polluting a stream that flowed through the Carettis’ property with sewage from their sewer system. The Carettis sued for an injunction to stop the operation of the sewer and further pollution of the stream. The Court of Appeals reversed the trial court ruling and decided in the Carettis’s favor, granting them an injunction against Broring.
The Carettis’ case occurred at a time when Baltimore was undergoing several …
Green V. Garrett: How The Economic Boom Of Professional Sports Helped To Create, And Destroy, Baltimore’S Memorial Stadium, Jordan Vardon
Green V. Garrett: How The Economic Boom Of Professional Sports Helped To Create, And Destroy, Baltimore’S Memorial Stadium, Jordan Vardon
Legal History Publications
Buildings, like people, have lives all their own. They have beginnings, middles, ends, and even good and bad years. This project is a study of a building known by many names, including Venable Park, Mud Stadium, The Great White Elephant of 33rd St., The Old Gray Lady, and the World’s Largest Outdoor Insane Asylum, although for most of its life it was officially referred to as Memorial Stadium, located in Baltimore, Maryland.
The story of Memorial Stadium is really the story of those in the community that surround it. As the use and popularity of the Stadium grew, so too …
Taylor V. Mayor And City Council Of Baltimore: Baltimore Sewerage And The City’S Agenda In The Early Twentieth Century, Christian Mann
Taylor V. Mayor And City Council Of Baltimore: Baltimore Sewerage And The City’S Agenda In The Early Twentieth Century, Christian Mann
Legal History Publications
Taylor v. Mayor and City Council of Baltimore was decided by the Court of Appeals in 1917. Nettie Taylor sued the city in 1914 because of the disagreeable smell coming from the newly constructed Back River Sewage Treatment Plant. She sued for damages done to her hotel property by the odor. Taylor’s hotel was situated on a tract of land on Back River, in the Essex area. The hotel Taylor owned was partly a brothel as well as a saloon, which was a common establishment in the surrounding area. The Court of Appeals ruled in Taylor’s favor, ordering the city …
Warren V. Fitzgerald, 189 Md. 476 (1947): A Crossroads In Baltimore’S Mass Transit History, Emily Jaskot
Warren V. Fitzgerald, 189 Md. 476 (1947): A Crossroads In Baltimore’S Mass Transit History, Emily Jaskot
Legal History Publications
In 1943, trolley ridership was at an all time high in Baltimore. The Baltimore Transit Company experienced record profits, and company leadership expected to continue to expand trolley service in and around the city. By 1947, the company had completely changed course and was in the process of abandoning 170 of its 312 miles of trolley track line and nearly half of its trolley routes, at a loss of more than 21 million dollars. The trolleys were to be replaced with new diesel buses. In 1963 the last streetcar ran in Baltimore.
The Circuit Court and Court of Appeals case …
Jack Lewis: An Undertaker's Gamble, James Furgol, Rachel Granfield
Jack Lewis: An Undertaker's Gamble, James Furgol, Rachel Granfield
Legal History Publications
On December 15, 1933, the case of Jack Lewis, Inc. v. Mayor and City Council of Baltimore concluded with a denial of certiorari from the United States Supreme Court. After over a year and a half of litigation, Jack Lewis, Inc. had to close the shutters on their newly acquired funeral parlor at 1804 Eutaw Place, in the Jewish community of Mount Royal.
The company had its roots in the “downtown” Eastern European Jewish neighborhood while Eutaw Place was home to a number of “uptown” German Jews who were integrated with wealthy gentiles. Not only did the Supreme Court’s decision …
Mayor V. Fairfield Improvement Company: The Public's Apprehension To Accept Nineteenth Century Medical Advancements, Ryan Wiggins, Daniella Einik
Mayor V. Fairfield Improvement Company: The Public's Apprehension To Accept Nineteenth Century Medical Advancements, Ryan Wiggins, Daniella Einik
Legal History Publications
The following paper first outlines the story behind Mayor v. Fairfield and the procedural progression of the case through the court of equity and the Court of Appeals. Second, the paper discusses nineteenth century medical views on leprosy and infectious diseases and the reluctance of the public to accept these medical views. Finally, the paper analyzes how both medical opinion and public perception impacted public health laws and judicial opinions at the time.
Garitee V. Mayor And City Council Of Baltimore: A Gilded Age Debate On The Role And Limits Of Local Government, Kevin Attridge, James Risk
Garitee V. Mayor And City Council Of Baltimore: A Gilded Age Debate On The Role And Limits Of Local Government, Kevin Attridge, James Risk
Legal History Publications
Politically, Garitee v. Mayor and City Council of Baltimore was part of the larger on-going debate on the role of government. During the Gilded Age, the Federal Government assumed a laissez-faire stance toward business, but the Progressive Era that immediately followed witnessed a restraint of business through the passage of the Sherman Antitrust Act and the trust-busting administration of President Theodore Roosevelt.
State and city government produced the same debate, but in a somewhat different fashion. Baltimore’s government expanded in the 1870’s with the creation of City Hall, the City Library, the harbor board and several other municipal services. The …
At A Crossroads In The Charm City: Northern Central, United Railways And Power Politics At The Dawn Of Twentieth Century Baltimore - Northern Central Rr Co. V. United Railways & Electrinc Co. 105 Md. 345, Andrew R. Mccarty, David S. Warner
At A Crossroads In The Charm City: Northern Central, United Railways And Power Politics At The Dawn Of Twentieth Century Baltimore - Northern Central Rr Co. V. United Railways & Electrinc Co. 105 Md. 345, Andrew R. Mccarty, David S. Warner
Legal History Publications
In June 1905, attorneys for the Northern Central Railway Company filed suit in Baltimore Superior Court against the United Railways and Electric Company. The suit charged that United Railways owed Northern Central for a portion of the expenses incurred by Northern to repair two bridges in the City of Baltimore, Maryland. Northern Central’s railroad lines ran under the bridges and United Railways’ streetcar lines ran across them. The amount claimed was relatively small for a company the size of the Northern Central and the possibility of collecting somewhat remote even if the case were decided in its favor. However, the …