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Full-Text Articles in Law

Adoption Of English Law In Maryland, Garrett Power Jan 2011

Adoption Of English Law In Maryland, Garrett Power

Legal History Publications

It served as an axiom of Maryland’s constitutional history that settlers carried with them the “rights of Englishmen” when they crossed the Atlantic. In 1642 the Assembly of Maryland Freemen declared Maryland’s provincial judges were to follows the law of England. Maryland’s 1776 Declaration of Independence left a legal lacuna--- what were to be the laws and public institutions of this newly created sovereign entity? This paper considers the manner in which the sovereign state of Maryland filled the void.


Trust And Fiduciary Duty In The Early Common Law, David J. Seipp Jan 2011

Trust And Fiduciary Duty In The Early Common Law, David J. Seipp

Faculty Scholarship

Trust is an expectation that others will act in one’s own interest. Trust also has a specialized meaning in Anglo-American law, denoting an arrangement by which land or other property is managed by one party, a trustee, on behalf of another party, a beneficiary.1 Fiduciary duties are duties enforced by law and imposed on persons in certain relationships requiring them to act entirely in the interest of another, a beneficiary, and not in their own interest.2 This Essay is about the role that trust and fiduciary duty played in our legal system five centuries ago and more.


Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker Jan 2011

Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker

Articles

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