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Full-Text Articles in Legal History

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.


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.


Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen Feb 2009

Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen

David S. Bogen

When Rosa Parks refused to move to a seat in the back of the bus in Montgomery, it sparked the boycott and was a critical event in the Civil Rights movement. But Mrs. Parks was the culmination of a long tradition of resistance to segregation. Many teachers, ministers, businessmen and ordinary citizens refused to accept second class treatment on the railways and waterways of Maryland between the end of the Civil War and the beginning of World War I, and took their protest to the courts. Facing hostile state courts after the Civil War, African-American plaintiffs needed to access the ...


Mayor V. Fairfield Improvement Company: The Public's Apprehension To Accept Nineteenth Century Medical Advancements, Ryan Wiggins, Daniella Einik Jan 2009

Mayor V. Fairfield Improvement Company: The Public's Apprehension To Accept Nineteenth Century Medical Advancements, Ryan Wiggins, Daniella Einik

Legal History Publications

The following paper first outlines the story behind Mayor v. Fairfield and the procedural progression of the case through the court of equity and the Court of Appeals. Second, the paper discusses nineteenth century medical views on leprosy and infectious diseases and the reluctance of the public to accept these medical views. Finally, the paper analyzes how both medical opinion and public perception impacted public health laws and judicial opinions at the time.


Garitee V. Mayor And City Council Of Baltimore: A Gilded Age Debate On The Role And Limits Of Local Government, Kevin Attridge, James Risk Jan 2009

Garitee V. Mayor And City Council Of Baltimore: A Gilded Age Debate On The Role And Limits Of Local Government, Kevin Attridge, James Risk

Legal History Publications

Politically, Garitee v. Mayor and City Council of Baltimore was part of the larger on-going debate on the role of government. During the Gilded Age, the Federal Government assumed a laissez-faire stance toward business, but the Progressive Era that immediately followed witnessed a restraint of business through the passage of the Sherman Antitrust Act and the trust-busting administration of President Theodore Roosevelt.

State and city government produced the same debate, but in a somewhat different fashion. Baltimore’s government expanded in the 1870’s with the creation of City Hall, the City Library, the harbor board and several other municipal ...