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Legal History Commons

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Legal History

2009

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Articles 31 - 60 of 277

Full-Text Articles in Legal History

Advocates At Cross-Purposes: The Briefs On Behalf Of Zoning In The Supreme Court, Garrett Power Sep 2009

Advocates At Cross-Purposes: The Briefs On Behalf Of Zoning In The Supreme Court, Garrett Power

Garrett Power

No abstract provided.


The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power Sep 2009

The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power

Garrett Power

No abstract provided.


The Carpenter And The Crocodile, Garrett Power Sep 2009

The Carpenter And The Crocodile, Garrett Power

Garrett Power

Pre-revolutionary Baltimore Town grew rapidly in commerce and population. Its harbor on the Chesapeake Bay served a larger trading area than any other American seaport at the time. In the 17770s two young fortune seekers - Leonard Harbaugh, carpenter and Christopher Hughes, silversmith - arrived in Baltimore from Ireland. This paper explores the role that each played in developing Baltimore's physical, monetary and legal landscape.


Chesapeake Waters: Pollution, Public Health, And Public Opinion, 1607-1972, John Capper, Garrett Power, Frank Shivers Sep 2009

Chesapeake Waters: Pollution, Public Health, And Public Opinion, 1607-1972, John Capper, Garrett Power, Frank Shivers

Garrett Power

Preface The Chesapeake Bay is the most studied and best understood estuary in the United States. Yet, it is practically unexamined in the areas of the social sciences and the humanities. While millions of dollars have been spent on producing the thousands of studies that examine the physical, biological, chemical, and engineering aspects of the Bay, little attention has been given to understanding the political, cultural, and economic character of Bay governance. The relationship of the governments of Maryland and Virginia to the Bay is imperfectly documented. Government documents which do exist are scattered in various libraries in both states …


Parceling Out Land In Baltimore, 1632-1796, Garrett Power Sep 2009

Parceling Out Land In Baltimore, 1632-1796, Garrett Power

Garrett Power

No abstract provided.


Public Service And Private Interests: A Chronicle Of The Professional Life Of Philip B. Perlman, Garrett Power Sep 2009

Public Service And Private Interests: A Chronicle Of The Professional Life Of Philip B. Perlman, Garrett Power

Garrett Power

No abstract provided.


Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment.", Garrett Power Sep 2009

Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment.", Garrett Power

Garrett Power

In 1936, Edmond D. Meade, an African-American pastor at Israel Baptist Church in Baltimore, contracted to purchase a home in an almost exclusively white block of Baltimore City. Meade’s purchase was followed by a suit by the white residents to block the use of the home by the new buyers. This work examines the legacy of Meade v. Dennistone, the effect of the decision on “free market forces” and concludes by considering the impact of the decision – and the community response – on the final judicial rejection of the “separate but equal” treatment of the races.


Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power Sep 2009

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 …


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2007) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …


Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri Sep 2009

Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri

Pier Giuseppe Monateri

The Fault and the Law between East and West. In this article Monateri traces an unpreviewed parallel between two absolutely western paradigms and two remarkably chinese thoughts. First a parallel between Carl Schmitt and Xun Zi when the latter writes that “The superior man is the source of the Law” Secondo economic analysis and Lao Zi theory of law a san emerging order not a predetermined one.


To Forge New Hammers Of Justice: Deep-Six The Doing-Teaching Dichotomy And Embrace The Dialectic Of "Doing Theory", Barbara L. Bezdek Aug 2009

To Forge New Hammers Of Justice: Deep-Six The Doing-Teaching Dichotomy And Embrace The Dialectic Of "Doing Theory", Barbara L. Bezdek

Barbara L Bezdek

This essay argues that the teaching-doing tightrope bemoaned among clinicians, while posing real tensions, is overdrawn. The asserted dichotomy is between the demands of teaching legal theory and of doing daily law practice for clients enmeshed in poverty. The dichotomy is misleading because the development of transformative legal theory arises repeatedly on the front lines of client work, and interdependently with the works of attentive scholars. Two bellwether cases, Goldberg v. Kelly and Javins v. First National Realty, illustrate the vital interdependence of justice-seeking scholarship and justice-serving representation of clients in challenging the reigning structure of legal rules and constraining …


Reflections On The Practice Of A Theory: Law, Teaching, And Social Change, Barbara L. Bezdek Aug 2009

Reflections On The Practice Of A Theory: Law, Teaching, And Social Change, Barbara L. Bezdek

Barbara L Bezdek

No abstract provided.


"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara Bezdek Aug 2009

"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 Jul 2009

The New Federalism Attack On Doma: Does The Supreme Court Really Care About States' Rights?, Kent Greenfield

Kent Greenfield

No abstract provided.


The Emergence Of The Professional Patent Practitioner, Kara Swanson Jul 2009

The Emergence Of The Professional Patent Practitioner, Kara Swanson

Kara W. Swanson

No abstract provided.


Mothers And Sons: The Lloyd Schlup Story, Sean O'Brien Jul 2009

Mothers And Sons: The Lloyd Schlup Story, Sean O'Brien

Faculty Works

This article tells the back story of the near-execution of Lloyd Schlup, condemned to die in Missouri for the 1984 murder of fellow Missouri State Penitentiary prisoner Arthur Dade, Jr. Mr. Schlup came within hours of execution before the Supreme Court granted certiorari on his case to decide whether a prisoner who is probably innocent can avail himself of the habeas corpus remedy. Mr. Schlup's and Mr. Dade's mothers played pivotal roles in the ultimate outcome of Schlup v. Delo, 513 U.S. 298 (1995). Dedicated to the memory of Nancy Slater.


Bankruptcy Phobia, David A. Skeel Jr. Jul 2009

Bankruptcy Phobia, David A. Skeel Jr.

All Faculty Scholarship

As the recent economic crisis has unfolded, bankruptcy has offered possible solutions at several key junctures. The first of these solutions, often referred to as mortgage modification, was geared toward homeowners who faced the loss of their homes in the months—now several years—since the start of the subprime crisis On the corporate side, Chapter 11 was an obvious alternative when large nonbank financial institutions like Bear Stearns and AIG stumbled in 2008. But regulators repeatedly balked, and the one exception to the avoidance of bankruptcy at all costs—Lehman Brothers—was anomalous. This aversion to bankruptcy, which seems to pervade all sides …


A Historical Overview Of The Fair Labor Standards Act, Pamela Newell Jul 2009

A Historical Overview Of The Fair Labor Standards Act, Pamela Newell

Journal Articles

No abstract provided.


Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov Jun 2009

Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov

Julie Novkov

Unlike the Civil War and Reconstruction, the Spanish American War and the Philippine Resistance were not accompanied by significant rights advances for people of color. Rather, rights continued to flow in retrograde, with increased political and cultural repression. Men of color contributed substantially and formally to the war effort, with companies of black and Filipino soldiers serving in combat and many individual Latinos, Native Americans, and Asian men and male descendants of Asians serving as well. Nonetheless, they were unable to leverage service into successful claims to the rights of manhood. This paper explores these dynamics in the context of …


Development And Outcomes Of Investment Treaty Arbitration, Susan Franck Jun 2009

Development And Outcomes Of Investment Treaty Arbitration, Susan Franck

Articles in Law Reviews & Other Academic Journals

The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world, some countries have withdrawn from World Bank dispute resolution bodies or are taking steps to eliminate arbitration. In order to assess whether investment arbitration is the equivalent of tossing a two-headed coin to resolve investment disputes, this article explores the role of development status in arbitration outcome. It first presents descriptive, quantitative research about the developmental background of the presiding arbitrators who exert particular control over the arbitration process. The article then assesses how (1) the development status …


Fault At The Contract-Tort Interface, Roy Kreitner Jun 2009

Fault At The Contract-Tort Interface, Roy Kreitner

Michigan Law Review

The formative period in the history of contract and tort (in the second half of the nineteenth century) may be characterized by the cleavage of contract and tort around the concept of fault: tort modernized by moving from strict liability to a regime of "no liability without fault," while contract moved toward strict liability. The opposing attitudes toward fault are puzzling at first glance. Nineteenth-century scholars of private law offered explanations for the opposition, reasoning that alternative ideas about fault account for the different character of state involvement in enforcing private law rights: tort law governs liabilities imposed by law …


The Origins And Costs Of Short-Term Management, Kent Greenfield May 2009

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.


O Que É Uma Universidade?, Paulo Ferreira Da Cunha May 2009

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …


The Supreme Court, Empathy, And The Science Of Decision Making, Kent Greenfield May 2009

The Supreme Court, Empathy, And The Science Of Decision Making, Kent Greenfield

Kent Greenfield

No abstract provided.


Arsenic And Old Chemistry: Images Of Mad Alchemists, Experts Attacking Experts, And The Crisis In Forensic Science, David S. Caudill May 2009

Arsenic And Old Chemistry: Images Of Mad Alchemists, Experts Attacking Experts, And The Crisis In Forensic Science, David S. Caudill

Working Paper Series

Drawing on research into the use of experts in early 19th-century criminal trials, the image of mad alchemists in popular culture representations of science, and the distinction between empirical and contingent “interpretive repertoires” in the discourse of scientific controversies, this article explores the controversy over arsenic-detection technologies prior to the Marsh test. In addition to noting the predictable criticism of incompetent expertise in the service of law, this article highlights implied accusations of hubris and amorality on the part of over-confident experts, both in the early 19th-century and in today's crisis of forensic science.


Abortion Across State Lines, Joseph W. Dellapenna May 2009

Abortion Across State Lines, Joseph W. Dellapenna

Working Paper Series

In this Article, I propose to analyze conflicts of law precedents and theory to explore the extent to which a state can apply its law on abortion to abortions performed outside the state but bearing a significant connection to the state. In attempting to resolve such questions, we enter into the domain of choice of law, part of the field of conflicts of law. This domain is notoriously unstable and contested. This instability allows legal commentators to project their attitudes towards abortion (and many other matters) in analyzing and construing the relevant authorities to resolve choice of law issues. I …


Uma Agenda Para O Debate Sobre Interpretação E Direito, Ronaldo Porto Macedo Junior May 2009

Uma Agenda Para O Debate Sobre Interpretação E Direito, Ronaldo Porto Macedo Junior

Ronaldo Porto Macedo Junior

Publicação de artigo “Uma agenda para o debate sobre interpretação e direito”, junto a Catarina H.C. Barbieri. In Cadernos Direito GV.


The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh May 2009

The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh

Michigan Law Review

Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English …


Of Big And Small Tents: Arlen Specter As A Dem, And The Obama Storm At Notre Dame, Kent Greenfield Apr 2009

Of Big And Small Tents: Arlen Specter As A Dem, And The Obama Storm At Notre Dame, Kent Greenfield

Kent Greenfield

No abstract provided.


Luther Martin, Maryland And The Constitution, William L. Reynolds Apr 2009

Luther Martin, Maryland And The Constitution, William L. Reynolds

William L. Reynolds

Reviews the life and contributions of Maryland lawyer and scholar Luther Martin (1748-1826).