Law Commons^™

United States V. Klintock: Reconsideration Of United States V. Palmer As To General Piracy As Defined By The Law Of Nations Through The Applicable Standards Of Political Action Of Acknowledgement And Recognition And The Status Of Statelessness, Justin L. Sieffert

Legal History Publications

During the February 1820 Term, the Supreme Court of the United States decided four significant piracy cases, beginning with United States v. Klintock. Political, economic, and social pressures enhanced the problem of piracy affecting the interests of the United States. Responding to the criticism of his decision in United States v. Palmer and the passage of the Act of 1819 state Congressional intent for defining piracy by the “law of nations,” Marshall authored the decision in Klintock distinguishing Palmer and, upon reconsideration, interpreting the Act of 1790 to include general piracy as defined by the “law of nations.” With …

Martin V. Mott And The Establishment Of Executive Emergency Authority, Eli Berns-Zieve

Legal History Publications

In August of 1814, a New York farmer named Jacob E. Mott refused to rendezvous with the militia pursuant to the orders of Governor Daniel D. Tompkins as commanded by President James Madison. In 1818, Mott was court martialed and fined ninety-six dollars. One year later, Mott brought an action in replevin in the New York state courts to recover chattel taken from him by a deputy marshal in lieu of the ninety-six dollars. Both the New York trial and appellate courts sided with Mott. In a unanimous opinion authored by Justice Joseph Story, the Supreme Court of the United …

Willson V. Black-Bird Creek Marsh Co., 25 U.S. 245 (1829): An Early Test Of The Dormant Commerce Clause, Michael P. Collins Jr.

Legal History Publications

In 1822, Delaware authorized the Blackbird Creek Marsh Company to bank and drain the Blackbird Creek in New Castle County. Subsequently, Thompson Wilson and others destroyed the structure built by the marsh company. The marsh company subsequently sued Mr. Wilson for the damage to its property. The parties eventually appealed their dispute to the Supreme Court of the United States. The Court held that Delaware’s authorization to bank and dam the creek did not conflict with the federal government’s exclusive authority to regulate commerce between the several states. Ultimately, the Court decided Willson in a manner inconsistent with its earlier …

Brief Of Appellant, Abdullah Malik Joppy A/K/A Richard Joppy V. State Of Maryland, No. 533, Paul Dewolfe, Renée M. Hutchins, Peter Honnef

Court Briefs

No abstract provided.

Brief Of Appellant, Davon Jones V. State Of Maryland, No. 547, Paul Dewolfe, Renée M. Hutchins, Matthew T. Healy

Court Briefs

No abstract provided.

Brief Of Appellant, Matthew Bredlow V. State Of Maryland, No. 621, Paul Dewolfe, Renée M. Hutchins, Ardalun Kamali

Court Briefs

No abstract provided.

Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul Dewolfe, Renée M. Hutchins, Jesse M. Lachman

Court Briefs

No abstract provided.

Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin

Faculty Scholarship

After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab, …

Eugenics, Jim Crow, And Baltimore's Best, Garrett Power

Faculty Scholarship

No abstract provided.

Brief Of Appellant, John Hill V. State Of Maryland, No. 2740, Paul Dewolfe, Renée M. Hutchins, Silva Georgian

Court Briefs

No abstract provided.

Brief Of Appellant, James Goss V. State Of Maryland, No. 669, Paul Dewolfe, Renée M. Hutchins, Lisa M. Johnson

Court Briefs

No abstract provided.

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 …

Table Of Contents

Maryland Law Review

No abstract provided.

A Proud Maryland Law Review Alumnus Looks Back, Richard D. Bennett

Maryland Law Review

No abstract provided.

The Influence Of Exile, Sara K. Rankin

Maryland Law Review

Belonging is a fundamental human need, but human instincts are Janus-faced and equally strong is the drive to exclude. This exclusive impulse, which this Article calls “the influence of exile,” reaches beyond interpersonal dynamics when empowered groups use laws and policies to restrict marginalized groups’ access to public space. Jim Crow, Anti-Okie, and Sundown Town laws are among many notorious examples. But the influence of exile perseveres today: it has found a new incarnation in the stigmatization and spatial regulation of visible poverty, as laws that criminalize and eject visibly poor people from public space proliferate across the nation. These …

Singled Out, Michael Pappas

Maryland Law Review

David has been “singled out.” He is the only one in his neighborhood legally prohibited from building a house. In a town full of residences, his lot alone must remain vacant. This is unequal, but is it unconstitutional?

Courts have continually grappled with this sort of question, vigilantly defending against unfair and unjust singling out. So important is this concern that the Supreme Court has emphasized it as the heart of the Fifth Amendment takings jurisprudence, and an entire Equal Protection doctrine has emerged around it.

However, courts and scholars have yet to critically examine the concept of singling-out, and …

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Maryland Law Review

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization “(WTO”) contemplates that violations of one of its covered agreements may be remedied through “cross-retaliation,” or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations.

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent in traditional …

A Tribute To The Honorable Glenn T. Harrell, Jr., Mary Ellen Barbera, James A. Kenney Iii, Steven I. Platt, Robert A. Zarnoch

Maryland Law Review

No abstract provided.

Nonmarriage, June Carbone, Naomi Cahn

Maryland Law Review

Now that the Supreme Court has reshaped the laws of marriage, attention is shifting to nonmarriage. The law no longer treats intimate couples who do not marry as either deviant or deprived. Yet, rather than regulate nonmarriage in a systematic way, the law applies two inconsistent doctrines to govern these relationships. This Article is the first to explore the fundamental contradiction in the legal approach to unmarried partners. While the laws governing financial obligations between unmarried couples are moving toward a deregulatory model that radically differs from the status-based regulation of marriage, the laws of custody and support insist on …

A Tribute To The Honorable Lynn A. Battaglia, Mary Ellen Barbera, Andrea Leahy, Thomas E. Lynch Iii, William L. Reynolds

Maryland Law Review

No abstract provided.

The Armstrong Evolution, Michael Pappas

Maryland Law Review Online

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall 2016

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, David J. Maher

Maryland Law Review Online

No abstract provided.

Law And Health Care Newsletter, Vol. 24, No. 1, Fall 2016

Law & Health Care Newsletter

No abstract provided.

C-Drum News, Fall 2016

The C-DRUM News

No abstract provided.

Business Law Bulletin, Fall 2016

Business Law Bulletin

No abstract provided.

2016 State Of The Law School, Donald B. Tobin

Speeches

No abstract provided.

Newsletter, Summer/Fall 2016

Newsletter

No abstract provided.

Remarks At The University Of Maryland Francis King Carey School Of Law Commencement, Tom Perez

Commencement Speeches

No abstract provided.

Celebrating Seventy-Five Years Of Maryland Law Review: A Tribute In Photographs

Maryland Law Review

No abstract provided.