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University of Maryland Francis King Carey School of Law

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Articles 31 - 60 of 215

Full-Text Articles in Legal History

The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price Dec 2014

The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price

Legal History Publications

After the War of 1812, the maritime industry began to decline and merchants and mariners began serving as privateers for Latin American colonies ceding from Spain. This paper examines the Supreme Court decision in an action filed on behalf of the Spanish government seeking restitution for cargo seized from a Spanish vessel, the Santissima Trinidad, on the high seas by the Independencia Del Sud, a public vessel of Buenos Ayres. The Court holds that jurisdiction exists for neutrality violations as the goods were landed at Norfolk, Virginia and the public vessel had an illegal augmentation of force in a U ...


Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein Nov 2014

Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein

Maryland Law Review

During his first two decades on the Court, Justice Clarence Thomas has been associated with originalism and is often viewed as its leading judicial proponent. Justice Thomas has linked originalism with the effort to limit judicial discretion and to promote judicial impartiality. In cases dealing with many constitutional provisions, Justice Thomas has shown his commitment to originalism by often writing solitary concurrences and dissents advocating an originalist analysis of a problem. Yet in constitutional cases dealing with race, Justice Thomas routinely abandons originalism and embraces the sort of constitutional arguments based on morality or consequentialism that he often discounts. These ...


Still Drowning In Segregation: Limits Of Law In Post-Civil Rights America, Taunya L. Banks Jan 2014

Still Drowning In Segregation: Limits Of Law In Post-Civil Rights America, Taunya L. Banks

Faculty Scholarship

Approximately 40% of the deaths attributed to Hurricane Katrina in 2005 were caused by drowning. Blacks in the New Orleans area accounted for slightly more than one half of all deaths. Some of the drowning deaths were preventable. Too many black Americans do not know how to swim. Up to seventy percent of all black children in the United States have no or low ability to swim. Thus it is unsurprising that black youth between 5 and 19 are more likely to drown than white youths of the same age. The Centers for Disease Control concludes that a major factor ...


Baltimore's Piratical Patriot Privateers: The Arrogante Barcelones, 20 U.S. 496 (1822), Shannon Byrne Jan 2014

Baltimore's Piratical Patriot Privateers: The Arrogante Barcelones, 20 U.S. 496 (1822), Shannon Byrne

Legal History Publications

The case of The Arrogante Barcelones involved a complicated story of facts, due in part to the cunningness of one of the main players, Joseph Almeida. Almeida’s maneuvers make sense when viewed through the lens of nineteenth century Baltimore, the War of 1812, and U.S. citizens’ involvement in South American privateering. At first glance, this case seems to hinge on issues regarding the validity of Almeida’s commission, the authority of the condemnation, and the sufficiency of the documentation produced to prove it. However, the United States Supreme Court ultimately avoids untangling those maritime issues and instead bases ...


Maryland Insurance Co. V. Woods, Andrew Weissenberg Jan 2014

Maryland Insurance Co. V. Woods, Andrew Weissenberg

Legal History Publications

Maryland Insurance Company v. Woods, 10 U.S. 29 (1810). In 1803, Britain utilized France’s interference in the Civil Swiss Strife as a pretext to continue its occupancy of Malta, effectively ending the short-lived Treaty of Amiens. As the most impressive Naval Power in the world, Britain proceeded to blockade French, Spanish, and Dutch ports. In 1805, Williams Woods purchased two insurance policies from The Maryland Insurance Company, a successful and lucrative Baltimore marine insurance institution. The two policies covered the ship, The William and Mary, and its cargo. The policy assured the journey from Baltimore to Laguira, with ...


Manella, Pujals & Co. V. Barry, 7 U.S. 415 (1806), Nicole Whitecar Jan 2014

Manella, Pujals & Co. V. Barry, 7 U.S. 415 (1806), Nicole Whitecar

Legal History Publications

Manella v. Barry highlights issues of agency and contract interpretation in the international maritime trade context. In the midst of America’s entry into the Quasi-War with France, a Baltimore shipping merchant brokered a large tobacco trade with a Spanish firm and experienced the risks of conducting trade over the high seas during wartime. Three out of seven ships were captured, and the Spanish firm sought to recover from the Baltimore merchant for the price of the lost cargo. Both the Circuit Court of Maryland and John Marshall’s Supreme Court sided with James Barry, holding that the Baltimore merchant ...


Sheppard V. Taylor, 5 Peters 675 (1831): Deception On The High Seas And The Quest For Lost Wages, Steven Zerhusen Jan 2014

Sheppard V. Taylor, 5 Peters 675 (1831): Deception On The High Seas And The Quest For Lost Wages, Steven Zerhusen

Legal History Publications

This Article follows the case of the ship Warren, which set sail in 1806 to take part in illicit trade with the Spanish colonies, unbeknownst to all on board except for the supercargo. After dealing with the suicide of the captain and capture in Concepcion Bay, Chile, the crew languished for years in Spanish prison. After trying for almost 20 years the proceeds of the ship were finally returned to the owners, and the crew filed petition. Not until 1831 was their libel upheld, and wages from their voyage 25 years earlier to be paid to the crew. This article ...


Legal History Seminar: Leading Maryland Cases, Edward C. Papenfuse, Garrett Power Sep 2013

Legal History Seminar: Leading Maryland Cases, Edward C. Papenfuse, Garrett Power

Faculty Scholarship

For the past decade, we have collaborated in presenting "Legal History Seminar: Leading Maryland Cases" at the University of Maryland Francis King Carey School of Law. In recent years, the seminar has paid particular attention to legal cases and controversies arising in Baltimore, Maryland - a city rich with historic tumult and beset with urban problems. The 2010 offering considered the city's environmental controversies; the 2011 offering addressed the administration of justice in Baltimore during the Civil War; and the 2012 offering looked at Baltimore in the War of 1812.

While the focus of the seminar has changed from year ...


Fundamental Unfairness: In Re Gault And The Road Not Taken, Robin Walker Sterling Jan 2013

Fundamental Unfairness: In Re Gault And The Road Not Taken, Robin Walker Sterling

Maryland Law Review

No abstract provided.


The Practical Implications Of Recusal Of Supreme Court Justices: A Response To Professor Swisher, Steven M. Klepper Jan 2013

The Practical Implications Of Recusal Of Supreme Court Justices: A Response To Professor Swisher, Steven M. Klepper

Maryland Law Review Online

No abstract provided.


Sealand, Havenco, And The Rule Of Law, James Grimmelmann Jan 2012

Sealand, Havenco, And The Rule Of Law, James Grimmelmann

Faculty Scholarship

In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any ...


British 1812 Wartime Policy On The High Seas And Maryland Maritime Insurance: Carrere V. Union Insurance Co. Of Md. (1813), Thomas R. Riley Jan 2012

British 1812 Wartime Policy On The High Seas And Maryland Maritime Insurance: Carrere V. Union Insurance Co. Of Md. (1813), Thomas R. Riley

Legal History Publications

Places Carrere v. Union Insurance Co. of Md (1813) into its historical setting considering the role of maritime insurance and British wartime policy on the high seas.


Marine Insurance And Mercantile Enterprise Through The Lens Of The Baltimore Insurance Company V. Mcfadon 4 H.& J. 31 (1815), Catherine Gonzalez Jan 2012

Marine Insurance And Mercantile Enterprise Through The Lens Of The Baltimore Insurance Company V. Mcfadon 4 H.& J. 31 (1815), Catherine Gonzalez

Legal History Publications

This essay contextualizes the case of The Baltimore Insurance Company v. McFadon, tracing the dispute from its origin to its disposition in the Maryland Court of Appeals in 1815. The case, which centered on whether mutual claims could be set-off against each other in a suit involving an open insurance policy, is illuminating as to the evolution of marine insurance, trade between Baltimore and the West Indies in the late eighteenth century, and the impact of the Napoleonic Wars on American mercantile enterprise. By examining the case through the lens of this historical study, it becomes apparent that the result ...


Barney V. Smith (Md 1819) Congressman Versus The Commodore, Angelisa Hicks Jan 2012

Barney V. Smith (Md 1819) Congressman Versus The Commodore, Angelisa Hicks

Legal History Publications

A historical outlook on the events surrounding the Barney v. Smith Case. The Article discusses the impact of the French and British conflict on United States trade, as well as some of the measures taken by the United States in order to insulate themselves from the adverse fiscal impacts on the economy due to this conflict. Also discussed are the key individuals involved in the case and their intertwining relationships. There is a comprehensive breakdown on the attorney’s arguments and subsequent judicial holding.


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 ...


Kennedy V. The Baltimore Insurance Company, 3 H. & J. 367 (1813): The Story Of One Baltimore Merchant Among Many Fighting An Insurance Company In Times Of War, Jon F. Watson Jan 2012

Kennedy V. The Baltimore Insurance Company, 3 H. & J. 367 (1813): The Story Of One Baltimore Merchant Among Many Fighting An Insurance Company In Times Of War, Jon F. Watson

Legal History Publications

The Napoleonic Wars in the early 1800’s resulted in many Baltimore merchants obtaining insurance for their vessels and cargo. During this period of unrest, Lemuel Taylor and John F. Kennedy insured a Baltimore vessel which was subsequently captured by the British. This paper contextualizes the case of Kennedy v. The Baltimore Insurance Company within this period and illustrates the struggles faced by many merchants who sought to be reimbursed for their losses. I also tried to focus on the historical backgrounds of the key players to the case, especially Lemuel Taylor and John F. Kennedy. All together, the case ...


Fulton V. Lewis: The Case Of An Immigrant Slave's Petition For Freedom During The War Of 1812, Silvio Morales Jan 2012

Fulton V. Lewis: The Case Of An Immigrant Slave's Petition For Freedom During The War Of 1812, Silvio Morales

Student Articles and Papers

In 1815 the Maryland Court of Appeals did something that by the early 1800’s had become uncommon. The court granted a slave his freedom in the case of Fulton v. Lewis, 3H. & J. 564 (1815) The slave was John Lewis, a native of the island of Saint Domingo, present-day Haiti, who was imported into Maryland after the Maryland General Assembly enacted a law prohibiting the importation of slaves into Maryland.

To understand why Lewis was granted his freedom this essay explores the case by placing it in its historical context, and by reviewing certain Maryland laws regarding slavery prior ...


Stewart V. Mcintosh, 4 H. & J. 233 (1816), Rhett Donnelly Jan 2012

Stewart V. Mcintosh, 4 H. & J. 233 (1816), Rhett Donnelly

Student Articles and Papers

Stewart v. M’Intosh was argued during the time period of the Jay Treaty, the Quasi-War, the Haitian Revolution, and the War of 1812. The facts begin at the end of the 18th century and extend into the early 19th century. The arguments and ruling were based on trade restrictions between United States citizens and territories under French control. The plaintiffs focused their arguments on the specific language of the Congressional acts, which outlawed trade with French territories but did not directly mention the regions at issue, while the defendants looked at the implications of the acts and ...


A Monetary Misunderstanding: Smith V. Gilmore And Baltimore's Place In Turn Of The 19th Century Globalization, John P. Gates Jan 2012

A Monetary Misunderstanding: Smith V. Gilmore And Baltimore's Place In Turn Of The 19th Century Globalization, John P. Gates

Student Articles and Papers

As the young United States entered the 19th century, the City of Baltimore had become a major center of America’s international commerce. Baltimore had quickly risen from a relatively small town on the Chesapeake Bay to the home of the country's third busiest trading port and one of its fastest growing cities in less than two decades.

The case of Smith v. Gilmor (M.D. 1816), a lawsuit between two prominent Baltimore merchants, was emblematic of the early days of globalization and the confusion this clash of cultures caused in the world of international trade. The controversy ...


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 ...


Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber Jan 2011

Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber

Faculty Scholarship

The consensus that the Fourteenth Amendment incorporates the Thirteenth Amendment has come under sharp criticism in recent years. Several new works suggest that the Thirteenth Amendment, properly interpreted, protects some substantive rights not protected by the Fourteenth Amendment. Some of this scholarship is undoubtedly motivated by an effort to avoid hostile Supreme Court precedents. Nevertheless, more seems to be going on than mere litigation strategy. Scholars detected different rights and regime principles in the Thirteenth Amendment than they find in the Fourteenth Amendment. The 2011 Maryland Constitutional Law Schoomze, to which this is an introduction, provided an opportunity for law ...


Adoption Of English Law In Maryland, Garrett Power Jan 2011

Adoption Of English Law In Maryland, Garrett Power

Legal History Publications

It served as an axiom of Maryland’s constitutional history that settlers carried with them the “rights of Englishmen” when they crossed the Atlantic. In 1642 the Assembly of Maryland Freemen declared Maryland’s provincial judges were to follows the law of England. Maryland’s 1776 Declaration of Independence left a legal lacuna--- what were to be the laws and public institutions of this newly created sovereign entity? This paper considers the manner in which the sovereign state of Maryland filled the void.


Wallace-Mcharg’S Plans For Greater Baltimore, Garrett Power Jan 2011

Wallace-Mcharg’S Plans For Greater Baltimore, Garrett Power

Legal History Publications

This essay considers the growth of the partnership between David Wallace and Ian McHarg into one of the nation’s dominant urban design and environmental planning firms. It focuses on the firm’s undertaking in the Greater Baltimore region in the 1950’s, 1960’s, and 1970’s. With the benefit of fifty years of hindsight it looks at the successes and failures of their plans for Charles Center, the Green Spring and Worthington Valleys, and the Inner Harbor. Surprisingly, prize-winning innovations praised in one generation came to be judged as the design flaws of the next. Less surprisingly, their ...


"Displaced By A Force To Which They Yielded And Could Not Resist": A Historical And Legal Analysis Of Mayor And City Counsel Of Baltimore V. Charles Howard Et. Al, Matthew Kent Jan 2011

"Displaced By A Force To Which They Yielded And Could Not Resist": A Historical And Legal Analysis Of Mayor And City Counsel Of Baltimore V. Charles Howard Et. Al, Matthew Kent

Legal History Publications

The experience of the Baltimore Police Commissioners is instructive in understanding the state of affairs in Baltimore during the Civil War era. The removal of the commissioners by the Union Army and the subsequent civil trial, The Mayor and City Council of Baltimore v. Charles Howard, provides a window through which one may examine the historical, legal and political circumstances of the time. The legal status of the commissioners also sheds light on modern legal doctrine related to the detention of American citizens as “enemy combatants” without the benefit of certain constitutional guarantees. By analyzing the Howard case with a ...


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 ...


The Mayor And City Council Of Baltimore V. The Baltimore And Ohio Railroad (1864), Joshua Cover Jan 2011

The Mayor And City Council Of Baltimore V. The Baltimore And Ohio Railroad (1864), Joshua Cover

Legal History Publications

The B&O Railroads area of operations during the Civil War placed it both in harms way, as well as presented opportunities for immense profit and expansion. However, two distinct parties within the board of directors remained at odds over the nature and direction of the growth. Using one particular case as a foundation, this paper examines the dynamics of the board of directors during the Civil War through a case study of a injunction brought by members of the board against the controlling board as a whole. Within a comprehensive examination of the history of the B&O and ...


The Productive Tension Between Official And Unofficial Stories Of Fault In Contract Law, Martha M. Ertman Jan 2010

The Productive Tension Between Official And Unofficial Stories Of Fault In Contract Law, Martha M. Ertman

Faculty Scholarship

Officially Contract law ignores fault. However, an unofficial story complements the official one, and explains why fault occasionally slips into contract law through doctrines such as willful breach. This chapter of FAULT IN AMERICAN CONTRACT LAW (Omri Ben-Shahar & Ariel Porot, eds, Cambridge U. Press, forthcoming 2010) argues that the official and unofficial stories operate in productive tension to both facilitate ex ante planning and, when necessary, look backward at reasons for breach to reach a just result. The occasional presence of fault in contract law, in this view, represents merely one more instance of the common doctrinal pattern of general ...


Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman Jan 2010

Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman

Faculty Scholarship

Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the nation by engaging in conduct associated with people of color. This article reveals the racial underpinnings of polygamy law by examining cartoons and other antipolygamy rhetoric of the time to demonstrate Sir Henry Maine’s famous observation that the move in progressive societies is “from status to contract.” It frames antipolygamists’ contentions as a visceral defense of racial and sexual status in the face of encroaching contractual thinking. Polygamy, they reasoned, was “natural” for people of color but so “unnatural” for whites as to produce ...


State Of Maryland V. Louis Hyman: Did Progressivism, Concern For Public Health, And The Great Baltimore Fire Influence The Court Of Appeals?, Justin Haas Jan 2010

State Of Maryland V. Louis Hyman: Did Progressivism, Concern For Public Health, And The Great Baltimore Fire Influence The Court Of Appeals?, Justin Haas

Legal History Publications

In the latter half of the nineteenth century, increased immigration from eastern Europe and a growing garment industry in Baltimore led to vast growth in so-called sweatshops: cramped workspaces in which clothing was partially or completely sewn for market. As the sweatshops grew, integrated clothing factories were also emerging, finally becoming a real force in the Baltimore garment industry around the turn of the twentieth century. As the integrated factories grew, the workers joined in the growing organized labor movement, and then began to push for greater protections for the health and safety of workers, as well as fair wages ...