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Articles 1 - 16 of 16
Full-Text Articles in Legal History
Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power
Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power
Garrett Power
Nowadays government regulation of the use of urban land is taken for granted. Such was not always the case. Some sixty years ago, the Maryland Court of Appeals held it unconstitutional for Zoning Commissioner J. Frank Crowther to deny a request for a permit to operate a tailor shop in the basement of a Eutaw Place home. This paper examines the case of Goldman v. Crowther. Goldman's story reads like a comic melodrama with a tragic ending. But the saga also illuminates the social condition - it sheds light and casts shadows on the practice of xenophobia, the nature of …
"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara Bezdek
"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara Bezdek
Barbara L Bezdek
No abstract provided.
The New Federalism Attack On Doma: Does The Supreme Court Really Care About States' Rights?, Kent Greenfield
The New Federalism Attack On Doma: Does The Supreme Court Really Care About States' Rights?, Kent Greenfield
Kent Greenfield
No abstract provided.
The Origins And Costs Of Short-Term Management, Kent Greenfield
The Origins And Costs Of Short-Term Management, Kent Greenfield
Kent Greenfield
Why is a fixation on the short term a problem for American businesses? One might hasten to answer that management is compensated for short-term successes. Another answer might be that some investors—particularly professional investors—value only the short term and manipulate the market in a particular stock so they can profit on the movement. These answers undoubtedly are part of the answer. But a puzzle remains: why does the market not punish such short-termism? This essay will present a possible answer.
The Supreme Court, Empathy, And The Science Of Decision Making, Kent Greenfield
The Supreme Court, Empathy, And The Science Of Decision Making, Kent Greenfield
Kent Greenfield
No abstract provided.
Of Big And Small Tents: Arlen Specter As A Dem, And The Obama Storm At Notre Dame, Kent Greenfield
Of Big And Small Tents: Arlen Specter As A Dem, And The Obama Storm At Notre Dame, Kent Greenfield
Kent Greenfield
No abstract provided.
Resolving Political Questions Into Judicial Questions: Tocqueville's Thesis Revisited, Mark Graber
Resolving Political Questions Into Judicial Questions: Tocqueville's Thesis Revisited, Mark Graber
Mark Graber
This paper explores whether national political questions during the second party system were resolved into questions adjudicated by the Supreme Court of the United States. The essay details an appropriate test for Tocqueville’s thesis, demonstrates that most national political questions that excited Jacksonians were not resolved into judicial questions, and explains why Tocqueville’s thesis does not accurately describe national constitutional politics during the three decades before the Civil War. That most political questions were not resolved into judicial questions during the three decades before the Civil War given common political science claim that “(v)irtually any issue the Court might wish …
James Buchanan As Savior? Judicial Power, Political Fragmentation, And The Failed 1831 Repeal Of Section 25, Mark Graber
James Buchanan As Savior? Judicial Power, Political Fragmentation, And The Failed 1831 Repeal Of Section 25, Mark Graber
Mark Graber
James Buchanan is often credited with being the unlikely savior of judicial review in early Jacksonian America. In 1831, Buchanan, then a representative from Pennsylvania, issued a minority report criticizing the proposed repeal of Section 25 of the Judiciary Act of 1789 that is generally credited with convincing a skeptical Congress that fundamental constitutional norms required federal judicial oversight of state courts and state legislatures. This paper claims that federalism and political fragmentation were more responsible than James Buchanan for the failed repeal of Section 25, for the maintenance of judicial power in the United States during the transition from …
A Non-Obvious Design - Reexamining The Origins Of The Design Patent Standard, Jason Du Mont
A Non-Obvious Design - Reexamining The Origins Of The Design Patent Standard, Jason Du Mont
Jason John Du Mont
No abstract provided.
Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 4, The Law Reports, Part One (1761-1765.), Daniel Coquillette, Neil Longley York
Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 4, The Law Reports, Part One (1761-1765.), Daniel Coquillette, Neil Longley York
Daniel R. Coquillette
No abstract provided.
Civility Issues In Federal Court Practice, Daniel Coquillette, Judith Mcmorrow
Civility Issues In Federal Court Practice, Daniel Coquillette, Judith Mcmorrow
Daniel R. Coquillette
No abstract provided.
Attorney Conduct And The Securities And Exchange Commission, Daniel Coquillette, Judith Mcmorrow
Attorney Conduct And The Securities And Exchange Commission, Daniel Coquillette, Judith Mcmorrow
Daniel R. Coquillette
No abstract provided.
Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 5, The Law Reports, Part Two (1765-1772.), Daniel Coquillette, Neil Longley York
Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 5, The Law Reports, Part Two (1765-1772.), Daniel Coquillette, Neil Longley York
Daniel R. Coquillette
No abstract provided.
Select Ecclesiastical Cases From The King's Courts 1272-1307, David Millon
Select Ecclesiastical Cases From The King's Courts 1272-1307, David Millon
David K. Millon
No abstract provided.
Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia
Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Annotated Justinian Code Website, Timothy Kearley
Annotated Justinian Code Website, Timothy Kearley
Timothy G. Kearley
The Annotated Justian Code webpage contains an edited version of Justice Fred H. Blume's annotated English translatioin of Justinian's Code (the Codex Justinianus) and Justinian's Novels (Novellae Constitutiones), along with other articles and information about Justice Blume and Justinian's codification of Roman Law.