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Full-Text Articles in Law

The Color Of Testamentary Freedom, Kevin Noble Maillard Jul 2012

The Color Of Testamentary Freedom, Kevin Noble Maillard

College of Law Faculty - Scholarship

Wills that prioritize the interests of nontraditional families over collateral heirs test courts’ dedication to observing the posthumous wishes of testators. Collateral heirs who object to will provisions that redraw the contours of “family” are likely to profit from the incompatibility of testamentary freedom and social deviance. Thus, the interests of married, white adults may claim priority over nonwhite, unmarried others. Wills that acknowledge the existence of moral or social transgressions—namely, interracial sex and reproduction—incite will contests by collateral heirs who leverage their status as white and legitimate in order to defeat testamentary intent. This Article turns to ...


Slaves In The Family: Testamentary Freedom And Interracial Deviance, Kevin Noble Maillard Jul 2012

Slaves In The Family: Testamentary Freedom And Interracial Deviance, Kevin Noble Maillard

College of Law Faculty - Scholarship

This Article addresses the deviance of interracial sexuality acknowledged in testamentary documents. The language of wills calls into question the authority of probate and family law by forcing issues of deviance into the public realm. Will dramas, settled in or out of court, publicly unearth insecurities about family. Many objections to the stated intent of the testator generate from social prejudices toward certain kinds of interpersonal relationships: nonmarital, homosexual, and/or interracial. When pitted against an issue of a moral or social transgression, testamentary intent often fails. In order for these attacks on testamentary validity to succeed, they must be ...


The Color Of Testamentary Freedom, Kevin Noble Maillard Mar 2009

The Color Of Testamentary Freedom, Kevin Noble Maillard

Kevin Noble Maillard

Wills that prioritize the interests of nontraditional families over collateral heirs test courts’ dedication to observing the posthumous wishes of testators. Collateral heirs who object to will provisions that redraw the contours of “family” are likely to profit from the incompatibility of testamentary freedom and social deviance. Thus, the interests of married, white adults may claim priority over nonwhite, unmarried others. Wills that acknowledge the existence of moral or social transgressions—namely, interracial sex and reproduction—incite will contests by collateral heirs who leverage their status as white and legitimate in order to defeat testamentary intent.

This Article turns to ...


The Multiracial Epiphany, Kevin Noble Maillard Jan 2008

The Multiracial Epiphany, Kevin Noble Maillard

College of Law Faculty - Scholarship

The year 1967 becomes the temporal landmark for the beginning of an interracial nation. That year, the United States Supreme Court ruled state antimiscegenation laws unconstitutional in Loving v Virginia. In addition to outlawing interracial marriage, these restrictive laws had created a presumption of illegitimacy for historical claims of racial intermixture. Not all states had antimiscegenation laws, but the sting of restriction extended to other states to forge a collective forgetting of mixed race. Defenders of racial purity could depend on these laws to render interracial relationships illegitimate. Looking back to Loving as the official birth of Multiracial America reinforces ...


The Beggar's Opera And Its Criminal Law Context, Ian Gallacher Oct 2006

The Beggar's Opera And Its Criminal Law Context, Ian Gallacher

Ian Gallacher

This chapter seeks to take the characters and situations of Gay's The Beggar's Opera and consider how closely the play's portrayal matches the historical record. Although the view offered by the play is a restricted one, the chapter concludes that the picture it offers is as close to historical reality as any other document from the period.


The Beggar's Opera And Its Criminal Law Context, Ian Gallacher Oct 2006

The Beggar's Opera And Its Criminal Law Context, Ian Gallacher

College of Law Faculty - Scholarship

This chapter seeks to take the characters and situations of Gay's The Beggar's Opera and consider how closely the play's portrayal matches the historical record. Although the view offered by the play is a restricted one, the chapter concludes that the picture it offers is as close to historical reality as any other document from the period.


Learning More Than Law From Maryland Decisions, Ian Gallacher Jan 2002

Learning More Than Law From Maryland Decisions, Ian Gallacher

Ian Gallacher

This short article describes the fight for freedom waged in Maryland's courts during the 1850s by two slaves, known only as Jerry and Anthony. Although their owner intended to free them, and the other slaves on his plantation, when he died, his son had his father's will declared invalid and the slaves brought a legal action to force their freedom. Although remembered in Maryland law as one of the first cases to discuss intra-state transfer from one jurisdiction to another, and although acting as Maryland's first published civil rights class action, the case also has a great ...