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Legal History Commons

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2009

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Articles 1 - 19 of 19

Full-Text Articles in Legal History

Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power Sep 2009

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 ...


"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara Bezdek Aug 2009

"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 Jul 2009

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 May 2009

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.


The Supreme Court, Empathy, And The Science Of Decision Making, Kent Greenfield May 2009

The Supreme Court, Empathy, And The Science Of Decision Making, Kent Greenfield

Kent Greenfield

No abstract provided.


Of Big And Small Tents: Arlen Specter As A Dem, And The Obama Storm At Notre Dame, Kent Greenfield Apr 2009

Of Big And Small Tents: Arlen Specter As A Dem, And The Obama Storm At Notre Dame, Kent Greenfield

Kent Greenfield

No abstract provided.


Resolving Political Questions Into Judicial Questions: Tocqueville's Thesis Revisited, Mark Graber Apr 2009

Resolving Political Questions Into Judicial Questions: Tocqueville's Thesis Revisited, Mark Graber

Mark Graber

This paper explores whether national political questions during the second party system were resolved into questions adjudicated by the Supreme Court of the United States. The essay details an appropriate test for Tocqueville’s thesis, demonstrates that most national political questions that excited Jacksonians were not resolved into judicial questions, and explains why Tocqueville’s thesis does not accurately describe national constitutional politics during the three decades before the Civil War. That most political questions were not resolved into judicial questions during the three decades before the Civil War given common political science claim that “(v)irtually any issue the ...


James Buchanan As Savior? Judicial Power, Political Fragmentation, And The Failed 1831 Repeal Of Section 25, Mark Graber Mar 2009

James Buchanan As Savior? Judicial Power, Political Fragmentation, And The Failed 1831 Repeal Of Section 25, Mark Graber

Mark Graber

James Buchanan is often credited with being the unlikely savior of judicial review in early Jacksonian America. In 1831, Buchanan, then a representative from Pennsylvania, issued a minority report criticizing the proposed repeal of Section 25 of the Judiciary Act of 1789 that is generally credited with convincing a skeptical Congress that fundamental constitutional norms required federal judicial oversight of state courts and state legislatures. This paper claims that federalism and political fragmentation were more responsible than James Buchanan for the failed repeal of Section 25, for the maintenance of judicial power in the United States during the transition from ...


Constitutional Borrowing, Nelson Tebbe, Robert Tsai Dec 2008

Constitutional Borrowing, Nelson Tebbe, Robert Tsai

Robert L Tsai

Borrowing from one domain to promote ideas in another domain is a staple of constitutional decisionmaking. Precedents, arguments, concepts, tropes, and heuristics all can be carried across doctrinal boundaries for purposes of persuasion. Yet the practice itself remains surprisingly underanalyzed. This Article seeks to bring greater theoretical attention to the matter. It defines what constitutional borrowing is and what it is not, presents a typology that describes its common forms, undertakes a principled defense of cross-pollination, and identifies some of the risks involved. We invite readers to think of borrowing as something that happens not only during the drafting of ...


A Non-Obvious Design - Reexamining The Origins Of The Design Patent Standard, Jason Du Mont Dec 2008

A Non-Obvious Design - Reexamining The Origins Of The Design Patent Standard, Jason Du Mont

Jason John Du Mont

No abstract provided.


George W. Anderson (1861-1938), Alexis Anderson Dec 2008

George W. Anderson (1861-1938), Alexis Anderson

Alexis Anderson

This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a ...


George M. Bourquin (1863-1958), Alexis Anderson Dec 2008

George M. Bourquin (1863-1958), Alexis Anderson

Alexis Anderson

This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a ...


Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 4, The Law Reports, Part One (1761-1765.), Daniel Coquillette, Neil Longley York Dec 2008

Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 4, The Law Reports, Part One (1761-1765.), Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Civility Issues In Federal Court Practice, Daniel Coquillette, Judith Mcmorrow Dec 2008

Civility Issues In Federal Court Practice, Daniel Coquillette, Judith Mcmorrow

Daniel R. Coquillette

No abstract provided.


Attorney Conduct And The Securities And Exchange Commission, Daniel Coquillette, Judith Mcmorrow Dec 2008

Attorney Conduct And The Securities And Exchange Commission, Daniel Coquillette, Judith Mcmorrow

Daniel R. Coquillette

No abstract provided.


Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 5, The Law Reports, Part Two (1765-1772.), Daniel Coquillette, Neil Longley York Dec 2008

Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 5, The Law Reports, Part Two (1765-1772.), Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Select Ecclesiastical Cases From The King's Courts 1272-1307, David Millon Dec 2008

Select Ecclesiastical Cases From The King's Courts 1272-1307, David Millon

David K. Millon

No abstract provided.


Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia Dec 2008

Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Annotated Justinian Code Website, Timothy Kearley Dec 2008

Annotated Justinian Code Website, Timothy Kearley

Timothy G. Kearley

The Annotated Justian Code webpage contains an edited version of Justice Fred H. Blume's annotated English translatioin of Justinian's Code (the Codex Justinianus) and Justinian's Novels (Novellae Constitutiones), along with other articles and information about Justice Blume and Justinian's codification of Roman Law.