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Articles 1 - 7 of 7

Full-Text Articles in Legal History

Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein Jan 2020

Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Baptiste V. De Volunbrun 5 H. & J. 86 (Md 1820): The Events Surrounding An Early Nineteenth-Century Freedom Petition Before The Maryland Court Of Appeals, Kurt Ellerbe Jan 2012

Baptiste V. De Volunbrun 5 H. & J. 86 (Md 1820): The Events Surrounding An Early Nineteenth-Century Freedom Petition Before The Maryland Court Of Appeals, Kurt Ellerbe

Legal History Publications

BAPTISTE V. DE VOLUNBRUN 5 H. & J. 86 (Md. 1820): In Jean Baptiste’s 1820 freedom petition we have not only a slavery case typical of the region and period, but also a compelling and informative narrative from the beginning of the end of North America’s nearly two hundred and fifty year era of slavery. This epic has its roots in the some of the earliest African arrivals to the new world and was significantly influenced by the major trends in philosophy that immediately preceded its commencement, as well as a concurrent and burgeoning American abolitionist movement. It features ...


From Racial Discrimination To Separate But Equal: The Common Law Impact Of The Thirteenth Amendment, David S. Bogen Jan 2011

From Racial Discrimination To Separate But Equal: The Common Law Impact Of The Thirteenth Amendment, David S. Bogen

Faculty Scholarship

Many forces produced the shift in the United States from the acceptance of slavery and racial inequality to the doctrine of separate but equal. The 13th Amendment abolished slavery and authorized legislation to enforce that abolition, but these well-known direct effects are only part of the story. This paper examines the Amendment’s indirect impact on racial discrimination – furthering a standard of equality in public relationships without threatening the existing racial separation. The Amendment is evidence of a change in values that justified overturning prior decisions, and abolition created a new context for legislation and common law decisions. It reinforced ...


The Lutheran Church During The Civil War: The Case Of Rev. Zimmerman, Jennifer H. Cornely Jan 2011

The Lutheran Church During The Civil War: The Case Of Rev. Zimmerman, Jennifer H. Cornely

Legal History Publications

In 1864 a pastor walked into the Superior Court of Baltimore and sued his Congregation. The pastor, Reverend Leonhard Frederick Zimmerman (Rev. Zimmerman), wanted to be reinstated to his position as pastor of the St. Stephen’s German Evangelical Lutheran Church (St. Stephen’s), following a close vote calling for his dismissal. The Maryland Court of Appeals affirmed the reinstatement of the Rev. Zimmerman, however neither case discussed the underlying reason for his dismissal. In this project it was necessary to explore the Lutheran Church during the Civil War by studying the history of the Lutheran Church in America, the ...


Coston V. Coston, 25 Md. 500 (Md. 1866): The Plight Of One Family Out Of Many Fighting Apprenticeship In Reconstruction Maryland, Zachary S. Schultz Jan 2011

Coston V. Coston, 25 Md. 500 (Md. 1866): The Plight Of One Family Out Of Many Fighting Apprenticeship In Reconstruction Maryland, Zachary S. Schultz

Legal History Publications

The abolition of slavery in the State of Maryland, pursuant to the Maryland Constitution of 1864, resulted in the emancipation of thousands of black children, who, because of an unrepealed section of the Maryland Black codes, were quickly apprenticed to their former masters under the guise of a legal apprenticeship statute. Within this period of Maryland history is the story of Leah Coston and her two boys, Simon and Washington, who were apprenticed to their former master, Samuel S. Costen, on the Eastern Shore of Maryland. This paper contextualizes the case of Coston v. Coston within the times and provides ...


Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventheenth Century Colonial Virginia, Taunya Lovell Banks Jan 2008

Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventheenth Century Colonial Virginia, Taunya Lovell Banks

Faculty Scholarship

Elizabeth Key, an African-Anglo woman living in seventeenth century colonial Virginia sued for her freedom after being classified as a negro by the overseers of her late master’s estate. Her lawsuit is one of the earliest freedom suits in the English colonies filed by a person with some African ancestry. Elizabeth’s case also highlights those factors that distinguished indenture from life servitude—slavery in the mid-seventeenth century. She succeeds in securing her freedom by crafting three interlinking legal arguments to demonstrate that she was a member of the colonial society in which she lived. Her evidence was her ...


Book Review: Slave Law In The Americas, David S. Bogen Jan 1991

Book Review: Slave Law In The Americas, David S. Bogen

Faculty Scholarship

No abstract provided.