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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
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
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
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
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
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
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
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
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
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
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
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
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
"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 Emergence Of The Professional Patent Practitioner, Kara Swanson
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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).