Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

2009

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 31 - 60 of 263

Full-Text Articles in Legal History

Parceling Out Land In Baltimore, 1632-1796, Garrett Power Sep 2009

Parceling Out Land In Baltimore, 1632-1796, Garrett Power

Garrett Power

No abstract provided.


Public Service And Private Interests: A Chronicle Of The Professional Life Of Philip B. Perlman, Garrett Power Sep 2009

Public Service And Private Interests: A Chronicle Of The Professional Life Of Philip B. Perlman, Garrett Power

Garrett Power

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.


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 ...


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 Fox In The Chicken Coop: The Regulatory Program Of The U.S. Army Corps Of Engineers, Garrett Power Sep 2009

The Fox In The Chicken Coop: The Regulatory Program Of The U.S. Army Corps Of Engineers, Garrett Power

Garrett Power

No abstract provided.


Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri Sep 2009

Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri

Pier Giuseppe Monateri

The Fault and the Law between East and West. In this article Monateri traces an unpreviewed parallel between two absolutely western paradigms and two remarkably chinese thoughts. First a parallel between Carl Schmitt and Xun Zi when the latter writes that “The superior man is the source of the Law” Secondo economic analysis and Lao Zi theory of law a san emerging order not a predetermined one.


Recent Additions To The Collection - Fall 2009: An Illustrated Guide To The Exhibit, Karen S. Beck Sep 2009

Recent Additions To The Collection - Fall 2009: An Illustrated Guide To The Exhibit, Karen S. Beck

Rare Book Room Exhibition Programs

Exhibition program from a Fall 2009 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. Many of the books in the exhibit are described as "works likely to have been owned and used by working English and American lawyers who lived during the fifteenth through nineteenth centuries."


To Forge New Hammers Of Justice: Deep-Six The Doing-Teaching Dichotomy And Embrace The Dialectic Of "Doing Theory", Barbara L. Bezdek Aug 2009

To Forge New Hammers Of Justice: Deep-Six The Doing-Teaching Dichotomy And Embrace The Dialectic Of "Doing Theory", Barbara L. Bezdek

Barbara L Bezdek

This essay argues that the teaching-doing tightrope bemoaned among clinicians, while posing real tensions, is overdrawn. The asserted dichotomy is between the demands of teaching legal theory and of doing daily law practice for clients enmeshed in poverty. The dichotomy is misleading because the development of transformative legal theory arises repeatedly on the front lines of client work, and interdependently with the works of attentive scholars. Two bellwether cases, Goldberg v. Kelly and Javins v. First National Realty, illustrate the vital interdependence of justice-seeking scholarship and justice-serving representation of clients in challenging the reigning structure of legal rules and constraining ...


Reflections On The Practice Of A Theory: Law, Teaching, And Social Change, Barbara L. Bezdek Aug 2009

Reflections On The Practice Of A Theory: Law, Teaching, And Social Change, Barbara L. Bezdek

Barbara L Bezdek

No abstract provided.


"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 Emergence Of The Professional Patent Practitioner, Kara Swanson Jul 2009

The Emergence Of The Professional Patent Practitioner, Kara Swanson

Kara W. Swanson

No abstract provided.


Bankruptcy Phobia, David A. Skeel Jr. Jul 2009

Bankruptcy Phobia, David A. Skeel Jr.

Faculty Scholarship at Penn Law

As the recent economic crisis has unfolded, bankruptcy has offered possible solutions at several key junctures. The first of these solutions, often referred to as mortgage modification, was geared toward homeowners who faced the loss of their homes in the months—now several years—since the start of the subprime crisis On the corporate side, Chapter 11 was an obvious alternative when large nonbank financial institutions like Bear Stearns and AIG stumbled in 2008. But regulators repeatedly balked, and the one exception to the avoidance of bankruptcy at all costs—Lehman Brothers—was anomalous. This aversion to bankruptcy, which seems ...


Co-Presenter, Beyond The Ada: How Legal Skills Faculty Can Help Students With 'Non-Visible' Disabilities Bridge The 'Accommodations Gap' Between Law School And Legal Practice, Alexis Anderson Jun 2009

Co-Presenter, Beyond The Ada: How Legal Skills Faculty Can Help Students With 'Non-Visible' Disabilities Bridge The 'Accommodations Gap' Between Law School And Legal Practice, Alexis Anderson

Alexis Anderson

No abstract provided.


Absent From The Convention: Libraries, Law And Political Philosophy: John Adams And Thomas Jefferson, Mary Sarah Bilder Jun 2009

Absent From The Convention: Libraries, Law And Political Philosophy: John Adams And Thomas Jefferson, Mary Sarah Bilder

Boston College Law School Lectures and Presentations

Presentation by Professor Mary Sarah Bilder, as commentator, at the conference "John Adams & Thomas Jefferson: Libraries, Leadership & Legacy," held in Boston and Charlottesville, June 21-17, 2009.


Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov Jun 2009

Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov

Julie Novkov

Unlike the Civil War and Reconstruction, the Spanish American War and the Philippine Resistance were not accompanied by significant rights advances for people of color. Rather, rights continued to flow in retrograde, with increased political and cultural repression. Men of color contributed substantially and formally to the war effort, with companies of black and Filipino soldiers serving in combat and many individual Latinos, Native Americans, and Asian men and male descendants of Asians serving as well. Nonetheless, they were unable to leverage service into successful claims to the rights of manhood. This paper explores these dynamics in the context of ...


Fault At The Contract-Tort Interface, Roy Kreitner Jun 2009

Fault At The Contract-Tort Interface, Roy Kreitner

Michigan Law Review

The formative period in the history of contract and tort (in the second half of the nineteenth century) may be characterized by the cleavage of contract and tort around the concept of fault: tort modernized by moving from strict liability to a regime of "no liability without fault," while contract moved toward strict liability. The opposing attitudes toward fault are puzzling at first glance. Nineteenth-century scholars of private law offered explanations for the opposition, reasoning that alternative ideas about fault account for the different character of state involvement in enforcing private law rights: tort law governs liabilities imposed by law ...


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.


O Que É Uma Universidade?, Paulo Ferreira Da Cunha May 2009

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na universidade que vem aí ...


The Constitutional Canon As Argumentative Metonymy, Ian C. Bartrum May 2009

The Constitutional Canon As Argumentative Metonymy, Ian C. Bartrum

Faculty Scholarship Series

This article builds on Philip Bobbitt's Wittgensteinian insights into constitutional argument and law. I examine the way that we interact with canonical texts as we construct arguments in the forms that Bobbitt has described. I contend that these texts serve as metonyms for larger sets of associated principles and values, and that their invocation usually is not meant to point to the literal meaning of the text itself. This conception helps explain how a canonical text's meaning in constitutional argument can evolve over time, and hopefully offers the creative practitioner some insight into the kinds of arguments that ...


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.


Arsenic And Old Chemistry: Images Of Mad Alchemists, Experts Attacking Experts, And The Crisis In Forensic Science, David S. Caudill May 2009

Arsenic And Old Chemistry: Images Of Mad Alchemists, Experts Attacking Experts, And The Crisis In Forensic Science, David S. Caudill

Working Paper Series

Drawing on research into the use of experts in early 19th-century criminal trials, the image of mad alchemists in popular culture representations of science, and the distinction between empirical and contingent “interpretive repertoires” in the discourse of scientific controversies, this article explores the controversy over arsenic-detection technologies prior to the Marsh test. In addition to noting the predictable criticism of incompetent expertise in the service of law, this article highlights implied accusations of hubris and amorality on the part of over-confident experts, both in the early 19th-century and in today's crisis of forensic science.


Abortion Across State Lines, Joseph W. Dellapenna May 2009

Abortion Across State Lines, Joseph W. Dellapenna

Working Paper Series

In this Article, I propose to analyze conflicts of law precedents and theory to explore the extent to which a state can apply its law on abortion to abortions performed outside the state but bearing a significant connection to the state. In attempting to resolve such questions, we enter into the domain of choice of law, part of the field of conflicts of law. This domain is notoriously unstable and contested. This instability allows legal commentators to project their attitudes towards abortion (and many other matters) in analyzing and construing the relevant authorities to resolve choice of law issues. I ...


Legal Transplants: Slavery And The Civil Law In Louisiana, Ariela J. Gross May 2009

Legal Transplants: Slavery And The Civil Law In Louisiana, Ariela J. Gross

University of Southern California Legal Studies Working Paper Series

Can Louisiana tell us something about civil law vs. common law regimes of slavery? What can the Louisiana experience tell us about a civil law jurisdiction “transplanted” in a common-law country? Louisiana is unique among American states in having been governed first by France, then by Spain, before becoming a U.S. territory and state in the nineteenth century. Unlike other slave states, it operated under a civil code, first the Digest of 1808, and then the Code of 1825. With regard to the regulation of slaves, these codes also incorporated a “Black Code,” first adopted in 1806, which owed ...


The Constitution Of History And Memory, Ariela J. Gross May 2009

The Constitution Of History And Memory, Ariela J. Gross

University of Southern California Legal Studies Working Paper Series

Almost twenty years ago, the historian Pierre Nora wrote about the growing number of “lieux de mémoire” – museums, monuments, and memorials – where post-modern society situates public memory of traumatic or triumphant events. Yet he devoted little sustained attention to what may be the quintessential “lieu de mémoire” today, the courtroom or truth commission hearing room. Traces of our contemporary obsession with the encounter among law, history and memory are everywhere. And so are lawyers: writing new constitutions for new republics, staffing international tribunals for war criminals, taking testimonies for truth commissions. Yet much of the enthusiasm for legal strategies to ...


Uma Agenda Para O Debate Sobre Interpretação E Direito, Ronaldo Porto Macedo Junior May 2009

Uma Agenda Para O Debate Sobre Interpretação E Direito, Ronaldo Porto Macedo Junior

Ronaldo Porto Macedo Junior

Publicação de artigo “Uma agenda para o debate sobre interpretação e direito”, junto a Catarina H.C. Barbieri. In Cadernos Direito GV.


The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh May 2009

The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh

Michigan Law Review

Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English ...


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.


Luther Martin, Maryland And The Constitution, William L. Reynolds Apr 2009

Luther Martin, Maryland And The Constitution, William L. Reynolds

William L. Reynolds

Reviews the life and contributions of Maryland lawyer and scholar Luther Martin (1748-1826).