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2009

Legal History

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Articles 1 - 30 of 262

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 Dec 2009

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.


"Iussum" Y "Nominatio" En Las Adquisiciones A Través De Dependientes, Patricio Lazo Dec 2009

"Iussum" Y "Nominatio" En Las Adquisiciones A Través De Dependientes, Patricio Lazo

Patricio Lazo

Roman jurisprudence analysed the consequences of acquisition carried out by a common slave based on the following; the fact that either the slave acted under the iussum of one of his co-owners or that one of the co-owners expressely appointed him for that purpose (nominatio). Sabinian opinion, that finally prevailed in classic jurisprudence, was built based on this problem. This work studies the construction process of this prevailing opinion based on the analysis of jurisprudencial fragments that aims to show the most relevant landmarks in shaping the analysis structure of the problem, The author thinks that Salvius Iulianus' intervention is ...


“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato Dec 2009

“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato

Dissertations - ALL

Robert H. Jackson’s service as Solicitor General has attained mythic status, prompting academics and commentators consistently to rate him as one of the greatest appointees to that office. In part, his stature reflects his extraordinary skill as an attorney. In some measure, Jackson’s legend draws upon the Supreme Court’s growing liberalism, which occurred upon his watch. As Peter Ubertaccio argues in his history of the office, Learned in the Law and Politics, the stature of the Solicitor General suffered during the early 1930s, when the court generally ruled against the government, then improved as the court sided ...


Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang Dec 2009

Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang

William & Mary Bill of Rights Journal

No abstract provided.


Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha Nov 2009

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 of the « Citizen Constitution » to ...


Speaker, “Taking Choice-Of-Law Provisions Seriously: What Religious Legal Theory Has To Tell Us About The Enforceability Of Religious Arbitration Awards”, Michael Helfand Nov 2009

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.


Langdell And The Invention Of Legal Doctrine, Catharine Wells Nov 2009

Langdell And The Invention Of Legal Doctrine, Catharine Wells

University of Southern California Legal Studies Working Paper Series

This paper addresses two related questions.

The first relates to Langdell and his development of a doctrinal theory of contract law. The substance and method of Langdell’s work has not been well understood and this paper uses a variety of historical materials to remedy this problem. It begins with a review of contract law prior to Langdell. Contract law at this time was in a very primitive state. The available treatises were confusing and the cases themselves offered little guidance for predicting future case outcomes. The paper then proceeds to examine Langdell’s method by describing certain logic texts ...


The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt Nov 2009

The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt

All Faculty Scholarship

By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education (1954) prohibited racial segregation in schools and other state-operated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and ...


Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne Nov 2009

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)


The Status And Future Of Government Documents, James T. Shaw Oct 2009

The Status And Future Of Government Documents, James T. Shaw

Criss Library Faculty Proceedings & Presentations

Depository libraries have traditionally enjoyed a pretty sweet deal—we receive free copies of documents in return for space, processing, and staff to help people use them. Depository libraries have served as key players in two areas of public policy: 1) public access to government information for the needs of today; and 2) widespread distribution of documents helps them survive to form a historical record.


Written And Oral Persuasion In The United States Courts: A District Judge's Perspective On Their History, Function, And Future, Mark R. Kravitz Oct 2009

Written And Oral Persuasion In The United States Courts: A District Judge's Perspective On Their History, Function, And Future, Mark R. Kravitz

The Journal of Appellate Practice and Process

No abstract provided.


Narratives Drawn From Rich Experience: Mayer Brown's Federal Appellate Practice, Patrick E. Higginbotham Oct 2009

Narratives Drawn From Rich Experience: Mayer Brown's Federal Appellate Practice, Patrick E. Higginbotham

The Journal of Appellate Practice and Process

No abstract provided.


Examining Presidential Power Through The Rubric Of Equity, Eric A. White Oct 2009

Examining Presidential Power Through The Rubric Of Equity, Eric A. White

Michigan Law Review

In this Note I propose a method to examine presidents' actions taken outside the normal bounds of executive power by employing the general rubric of equity, in an attempt to find when the president acts with what I term "practical legitimacy." This would be a new category for executive actions that, while perhaps arguably illegal, are so valuable that we want to treat them as legitimate exercises of executive power. To do so, I first examine the history of equity, noting the many relevant parallels to our modern conception of executive power In light of these parallels, I argue that ...


Hope In The Law, Annelise Riles Oct 2009

Hope In The Law, Annelise Riles

Cornell Law Faculty Publications

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.


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 ...


The Limits Of Lex Americana: The Holocaust Restitution Litigation As A Cul-De-Sac Of International Human-Rights Law, Michael Allen Sep 2009

The Limits Of Lex Americana: The Holocaust Restitution Litigation As A Cul-De-Sac Of International Human-Rights Law, Michael Allen

Student Scholarship Papers

This article addresses the Holocaust-restitution litigation of the late 1990s, which resulted in spectacular settlements totaling over $9 billion and culminated with an Executive Agreement between Germany and the United States in 2000. Prominent law scholars such as NYU Professor Burt Neuborne and Michael Bazyler, author of Holocaust Justice: The Battle for Restitution in America's Courts (2003) and Holocaust Restitution: Perspectives on the Litigation and its Legacy (2006), have celebrated these lawsuits as a model for international human rights. Neuborne has extolled the litigation as the dawn of an era of “lex Americana,” in which multinational corporations (MNCs) have ...


Calvert Versus Carroll: The Quit-Rent Controversy Between Maryland's Founding Families, Garrett Power Sep 2009

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 ...


The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power Sep 2009

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 Sep 2009

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 Sep 2009

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.


Chesapeake Bay Oysters: Legal Theses On Exotic Species, Garrett Power, Thomas B. Lewis Sep 2009

Chesapeake Bay Oysters: Legal Theses On Exotic Species, Garrett Power, Thomas B. Lewis

Garrett Power

No abstract provided.


Deconstructing The Slums Of Baltimore, Garrett Power Sep 2009

Deconstructing The Slums Of Baltimore, Garrett Power

Garrett Power

No abstract provided.


The Case Of The 1989 Bordeaux, Garrett Power Sep 2009

The Case Of The 1989 Bordeaux, Garrett Power

Garrett Power

No abstract provided.


Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power Sep 2009

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 Sep 2009

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 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 ...