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Articles 1 - 30 of 74
Full-Text Articles in Legal History
Invited Speaker At The Yale Law School Reception To Recognize The Gift Of The Juvenile Jurisprudence Collection To The Yale Law Library, Sharon O'Connor
Invited Speaker At The Yale Law School Reception To Recognize The Gift Of The Juvenile Jurisprudence Collection To The Yale Law Library, Sharon O'Connor
Sharon Hamby O'Connor
No abstract provided.
Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha
Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …
Speaker, “Taking Choice-Of-Law Provisions Seriously: What Religious Legal Theory Has To Tell Us About The Enforceability Of Religious Arbitration Awards”, Michael Helfand
Speaker, “Taking Choice-Of-Law Provisions Seriously: What Religious Legal Theory Has To Tell Us About The Enforceability Of Religious Arbitration Awards”, Michael Helfand
Michael A Helfand
No abstract provided.
Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne
Péter Cserne
This paper discusses why contract interpretation is substantially different from the interpretation of literary works and illustrates the argument with the analysis of the contra proferentem rule. It is a substantially revised version of my ‘Policy considerations in contract interpretation: the contra proferentem rule from a comparative law and economics perspective’ (2009)
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.
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 …
Calvert Versus Carroll: The Quit-Rent Controversy Between Maryland's Founding Families, Garrett Power
Calvert Versus Carroll: The Quit-Rent Controversy Between Maryland's Founding Families, Garrett Power
Garrett Power
This essay examines the historical background behind the 1826 U.S. Supreme Court case of Cassell v. Carroll. The legal merits in the case concerned arcane questions of feudal property law which the Court avoided and left unanswered. Today the case is of little jurisprudential significance. It is the historical record behind Cassell v. Carroll that tells a story that continues to be of interest and importance today. It provides a window on the economic and social life in provincial Maryland. It tells the tale of two dysfunctional dynasties—the Barons of Baltimore (the Calverts), who lost their faith, their fortune and …
The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power
The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power
Garrett Power
No abstract provided.
More About Oysters Than You Wanted To Know, Garrett Power
More About Oysters Than You Wanted To Know, Garrett Power
Garrett Power
No abstract provided.
High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power
High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power
Garrett Power
The "Anti Skyscraper" Law of 1904 is often described as Maryland's first zoning law and one of the first zoning laws in the United States. But there is more. Behind this dusty statute is a story of speculation, selfishness, collusion and changing social values, which takes a century and a half to unfold and which has something to say about the role of government in regulating the use of land.
Deconstructing The Slums Of Baltimore, Garrett Power
Deconstructing The Slums Of Baltimore, Garrett Power
Garrett Power
No abstract provided.
The Case Of The 1989 Bordeaux, Garrett Power
Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power
Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power
Garrett Power
Urban planning is often thought of as a conscious collection of governmental choices made as to the shape and social structure of the city. Thoughtful and forward looking public policies are viewed as mapping out the future. Overlooked or understated in this estimation are the less purposeful influences on the urban morphology and city sociology. This paper examines one such influence, land tenure, by taking a comparative look at the residential development of Birmingham, England, and Baltimore, Maryland, between 1700 and 1900. Birmingham and Baltimore both housed their working class populations in densely-packed dwellings with shared party walls. And both …
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Garrett Power
On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.
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 …
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 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.