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Legal History

University of Maryland Francis King Carey School of Law

Constitutional law

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Full-Text Articles in Law

Martin V. Mott And The Establishment Of Executive Emergency Authority, Eli Berns-Zieve Nov 2016

Martin V. Mott And The Establishment Of Executive Emergency Authority, Eli Berns-Zieve

Legal History Publications

In August of 1814, a New York farmer named Jacob E. Mott refused to rendezvous with the militia pursuant to the orders of Governor Daniel D. Tompkins as commanded by President James Madison. In 1818, Mott was court martialed and fined ninety-six dollars. One year later, Mott brought an action in replevin in the New York state courts to recover chattel taken from him by a deputy marshal in lieu of the ninety-six dollars. Both the New York trial and appellate courts sided with Mott. In a unanimous opinion authored by Justice Joseph Story, the Supreme Court of the United …


"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 …


At A Crossroads In The Charm City: Northern Central, United Railways And Power Politics At The Dawn Of Twentieth Century Baltimore - Northern Central Rr Co. V. United Railways & Electrinc Co. 105 Md. 345, Andrew R. Mccarty, David S. Warner Dec 2008

At A Crossroads In The Charm City: Northern Central, United Railways And Power Politics At The Dawn Of Twentieth Century Baltimore - Northern Central Rr Co. V. United Railways & Electrinc Co. 105 Md. 345, Andrew R. Mccarty, David S. Warner

Legal History Publications

In June 1905, attorneys for the Northern Central Railway Company filed suit in Baltimore Superior Court against the United Railways and Electric Company. The suit charged that United Railways owed Northern Central for a portion of the expenses incurred by Northern to repair two bridges in the City of Baltimore, Maryland. Northern Central’s railroad lines ran under the bridges and United Railways’ streetcar lines ran across them. The amount claimed was relatively small for a company the size of the Northern Central and the possibility of collecting somewhat remote even if the case were decided in its favor. However, the …


Foreword: The Legal History Of The Great Sit-In Case Of Bell V. Maryland, William L. Reynolds Jan 2002

Foreword: The Legal History Of The Great Sit-In Case Of Bell V. Maryland, William L. Reynolds

Faculty Scholarship

Reviews the environment and history of the 1960 Baltimore sit-in case that eventually made its way to the United States Supreme Court.


Baltimore Bound: Article Xiii, Section 1, "New Counties," Of The Maryland Constitution And The Baltimore City Annexation Acts Of 1888 And 1918, Michele Lefaivre Jan 1997

Baltimore Bound: Article Xiii, Section 1, "New Counties," Of The Maryland Constitution And The Baltimore City Annexation Acts Of 1888 And 1918, Michele Lefaivre

Legal History Publications

This paper examines the extension of Baltimore's boundaries in the late nineteenth and early twentieth century within the legal process which authorized it.


Luther Martin, Maryland And The Constitution, William L. Reynolds Jan 1988

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

Faculty Scholarship

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


Cooper: Comment On Schlesinger, Charles J. Cooper Jan 1987

Cooper: Comment On Schlesinger, Charles J. Cooper

Maryland Law Review

No abstract provided.


Rowan: Response To Comments, Carl T. Rowan Jan 1987

Rowan: Response To Comments, Carl T. Rowan

Maryland Law Review

No abstract provided.


The Role Of The Supreme Court: Introduction By Whitman H. Ridgway, Whitman H. Ridgway Jan 1987

The Role Of The Supreme Court: Introduction By Whitman H. Ridgway, Whitman H. Ridgway

Maryland Law Review

No abstract provided.


Rakove: Comment On Mathias, Jack N. Rakove Jan 1987

Rakove: Comment On Mathias, Jack N. Rakove

Maryland Law Review

No abstract provided.


After The Imperial Presidency: Introduction By Whitman H. Ridgway, Whitman H. Ridgway Jan 1987

After The Imperial Presidency: Introduction By Whitman H. Ridgway, Whitman H. Ridgway

Maryland Law Review

No abstract provided.


The Role Of The Supreme Court: Judicial Activism Or Self-Restraint?, Archibald Cox Jan 1987

The Role Of The Supreme Court: Judicial Activism Or Self-Restraint?, Archibald Cox

Maryland Law Review

No abstract provided.


Millemann: Comment On Cox, Michael A. Millemann Jan 1987

Millemann: Comment On Cox, Michael A. Millemann

Maryland Law Review

No abstract provided.


Brubaker: Comment On Cox, Stanley C. Brubaker Jan 1987

Brubaker: Comment On Cox, Stanley C. Brubaker

Maryland Law Review

No abstract provided.


Schwartz: Comment On Mathias, Herman Schwartz Jan 1987

Schwartz: Comment On Mathias, Herman Schwartz

Maryland Law Review

No abstract provided.


Mathias: Response To Comments, Charles Mcc. Mathias Jr. Jan 1987

Mathias: Response To Comments, Charles Mcc. Mathias Jr.

Maryland Law Review

No abstract provided.


Constructing A Constitution: "Original Intention" In The Slave Cases, James Boyd White Jan 1987

Constructing A Constitution: "Original Intention" In The Slave Cases, James Boyd White

Maryland Law Review

No abstract provided.


Taylor: Comment On Rowan, William L. Taylor Jan 1987

Taylor: Comment On Rowan, William L. Taylor

Maryland Law Review

No abstract provided.


Fein: Comment On Mathias, Bruce E. Fein Jan 1987

Fein: Comment On Mathias, Bruce E. Fein

Maryland Law Review

No abstract provided.


Equality As A Constitutional Concept: Introduction By Whitman H. Ridgway, Whitman H. Ridgway Jan 1987

Equality As A Constitutional Concept: Introduction By Whitman H. Ridgway, Whitman H. Ridgway

Maryland Law Review

No abstract provided.


Equality As A Constitutional Concept, Carl T. Rowan Jan 1987

Equality As A Constitutional Concept, Carl T. Rowan

Maryland Law Review

No abstract provided.


Berns: Comment On Rowan, Walter Berns Jan 1987

Berns: Comment On Rowan, Walter Berns

Maryland Law Review

No abstract provided.


Kennedy: Comment On Rowan, Randall Kennedy Jan 1987

Kennedy: Comment On Rowan, Randall Kennedy

Maryland Law Review

No abstract provided.


Belz: Comment On Rowan, Herman Belz Jan 1987

Belz: Comment On Rowan, Herman Belz

Maryland Law Review

No abstract provided.


Tushnet: Comment On Cox, Mark V. Tushnet Jan 1987

Tushnet: Comment On Cox, Mark V. Tushnet

Maryland Law Review

No abstract provided.


The Constitution And Presidential Leadership, Arthur M. Schlesinger Jr. Jan 1987

The Constitution And Presidential Leadership, Arthur M. Schlesinger Jr.

Maryland Law Review

No abstract provided.


Morgan: Comment On Cox, Richard E. Morgan Jan 1987

Morgan: Comment On Cox, Richard E. Morgan

Maryland Law Review

No abstract provided.


Cox: Response To Comments, Archibald Cox Jan 1987

Cox: Response To Comments, Archibald Cox

Maryland Law Review

No abstract provided.


Schlesinger: Response To Comments, Arthur M. Schlesinger Jr. Jan 1987

Schlesinger: Response To Comments, Arthur M. Schlesinger Jr.

Maryland Law Review

No abstract provided.


Kurland: Commen On Schlesinger, Philip B. Kurland Jan 1987

Kurland: Commen On Schlesinger, Philip B. Kurland

Maryland Law Review

No abstract provided.