Law Commons^™

The Idea Of Democracy In The Early Republic, Keith Whittington

Schmooze 'tickets'

No abstract provided.

American Innovations In Democratic Decision-Making, Leslie Friedman Goldstein

Schmooze 'tickets'

No abstract provided.

Locke V. United States And The Definition Of Probable Cause In U.S. Civil Forfeiture Proceedings, Benjamin Groff

Legal History Publications

United States civil forfeiture laws are rooted in admiralty in rem forfeiture proceedings that go back to mid-1700s English customs law, and a statute called the Act of Frauds. The procedure was born of the necessity of international marine trade. Similarly, when it came to using in rem seizure to enforce the customs laws, the Crown used a burden shifting presumption that was also born of necessity. Vessel owners were required to come forward and exculpate their vessel once the Crown showed probable cause of a violation. In Locke v. United States, Justice Marshall upheld that burden shifting presumption and …

Manro V. Almeida: Piracy, Maritime Torts, And Attachment In Rem, Stephanie Owen

Legal History Publications

In 1820, Captain Joseph Almeida, on the Bolivar and under South American colors, pursued and captured the Spanish ship Santiago off the coast of the Chesapeake Bay. On board was $5000 in specie owned by a small group of Baltimore merchants. The Baltimore merchants brought a libel against Captain Almeida and requested an attachment in rem to force Captain Almeida to answer for the maritime tort. Although the attachment initially issued, the lower court restored Captain Almeida’s goods. In 1825, the United States Supreme Court ruled that attachment in rem was a proper remedy for a maritime tort.

Mason V. The Ship Blaireau: Salvage, Slaves, And The Law Of Nations, Kristin Burnworth

Legal History Publications

In March 1803, French ship Le Blaireau ran into Spanish ship of war St. Julien in the middle of the Atlantic Ocean, severely damaging the Blaireau such that her captain and crew abandoned ship and boarded the St. Julien, with the exception of seaman Thomas Toole. The next day, British ship The Firm found and temporarily repaired the Blaireau, and helped Toole bring her into port in Baltimore, which was The Firm’s destination. The case addressed the question of awarding salvage; specifically, to whom should there be salvage, and in what amounts? It also raised questions about …

Issues Of Delay & Deviation In Marine Insurance: A Case Study Of Oliver V. The Maryland Insurance Company, 7 Cranach 487 (1813), Kyle Hildreth

Legal History Publications

An examination of the case Oliver v. The Maryland Insurance Company, 7 Cranch 487 (1813). In Oliver, Robert Oliver, the plaintiff, sued the Maryland Insurance Company, the defendant, in an attempt to recover on an insurance policy he had purchased for a shipment of goods aboard the snow Comet. The Comet was seized by a British ship on its return from Spain, and was condemned under the Orders in Council of 1807. The Court affirmed a lower court judgment that Oliver was not entitled to recover, because the Comet had engaged in an unreasonable delay and deviation …

The Merrimack, 12 U.S. 317 (1814): Transatlantic Trade And The Transfer Of Property During The War Of 1812, Jeremy Esperon

Legal History Publications

A key prong of American strategy during the War of 1812 was to enlist the aid of privateers – private actors licensed by the government to use force against the enemy. Among the ships American privateers seized during the war pursuant to this strategy was the Merrimack, an American-owned vessel returning from Liverpool, England to Baltimore, Maryland carrying on board a cargo of British goods. Her seizure led to the Supreme Court case The Merrimack, 12 U.S. 317 (1814), a seemingly banal case that in fact is a cautionary tale for merchants of one belligerent nation seeking to …

The Anne, 16 U.S. 435 (1818): The Fate Of Vessels Captured After The War Of 1812, Kimberly Schindel

Legal History Publications

The War of 1812 officially ended in 1815 with the Treaty of Ghent, but many vessels were captured and condemned as prizes after the Treaty was ratified. One of those ships was The Anne. This paper describes The Anne's capture and analyzes it within its place in history. Particularly, it looks at the role of neutral nations during wartime, and the effect they had on prizes captured within their territory. Finally, it analyzes the legal aspects of the case, including the arguments and opinions and discusses the impact that The Anne had on principles of maritime law.

Mccall V. Marine Insurance Company, Megan J. Mcginnis

Legal History Publications

Marine insurance contracts were one of the most important categories of federal litigation in the early nineteenth century. The increase in international conflict resulted in a corresponding increase in the risk associated with maritime activity and the number of claims insurance companies litigated in an effort to minimize losses. Accordingly, a rich body of commercial law was developed by the federal courts in which the cases were tried. One such case was McCall v. Marine Insurance Company, in which the Supreme Court determined the impact of the addition of a single unusual word in the clause that set forth …

Thirty Hogsheads Of Sugar V. Boyle, 9 Cranach 191 (1815): How One Case Expanded The American Conception Of Prize Law, Emily Miller

Legal History Publications

The outbreak of the War of 1812 introduced an opportunity for merchants and sailors alike, as the concept of privateering became a key facet in the United States’ war at sea. This case, Thirty Hogsheads of Sugar v. Boyle, is an illustration of such privateering activity, as Thomas Boyle, commander of the privateer ship, the Comet, engaged in prize taking activity with a British ship, after receiving a commission from the government on June 29, 1812. This paper puts this particular case into the greater privateering context surrounding the War of 1812, exploring why the case may have …

The Santa Maria: Baltimore Privateering And Piracy During The Latin American Revolutions, Megan E. Tawes

Legal History Publications

After the War of 1812 and the Napoleonic Wars, South American privateering in Baltimore took on a new dimension. Technically, the United States remained neutral with Spain in the face of Latin American revolution. However, Baltimore remained an area where privateering on foreign commissions was common. This paper puts privateering in 1817 in the context of international and national affairs. The Santa Maria involved pirates and what was considered a bona fide purchaser in a prize court. Included in the paper are historical backgrounds of the key players involved as well as a legal analysis of the issues brought up …

Pirates, Privateers, And The Merchants Who Walked The Line: An Exploration Of The 19th Century Maritime Trade Through The Lens Of Harmony V. United States, Thomas R. Riley

Legal History Publications

Through the lens provided by judicial, statutory, and social records from the first half of the 19^th century, with a focus on Harmony v. United States,[1] an avid recreation of mercantile practices can be formed which emphasizes the role of piracy and privateering in the early United States of America.

[1] Harmony v. United States, 43 U.S. 210, 11 L. Ed. 239, 1844 U.S. LEXIS 325, 2 HOW 210 (U.S. 1844)

Warts And All: How The Plattsburgh Should Change The Way We Look At The Face Of Baltimore Maritime History, David Seaton

Legal History Publications

In 1820 the Plattsburgh was condemned for violating federal anti-slave trade legislation. This little known, rarely cited Supreme Court decision is important, because it pierces the veneer of romanticism that has been allowed to sugar over our recollection of Baltimore's maritime history. The case indicates that some of the most prominent ship owners and captains at the time, including Thomas Sheppard, John N. D'Arcy, Henry Didier, and Thomas Boyle, have links to the slave trade. This paper explores the cruel realities of the international slave trade, the ineffective federal laws aimed at prohibiting it, and the efforts by merchants to …

Yeaton And Others, Claimants Of The Schooner General Pinkney And Cargo V. The United States: The Case, The History, And The Impact, Magaly Bittner

Legal History Publications

On February 28, 1806 Congress passed an embargo against any part of St. Domingo not in possession by the French Government. There was much debate regarding the embargo and the international politics regarding the Haitian Revolution. On August 23, 1806 the Schooner General Pinkney, owned by William Yeaton set sail from the port of Alexandria for St. Jago de Cuba, but instead went to the prohibited port of Cape Francois, St. Domingo. In addition to this ship, another ship owned by William Yeaton, the Schooner Betsey and Charlotte also took the same course on September 23, 1806. Both were held …

"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 …

Gender Bias In The Roman Catholic Church: Why Can't Women Be Priests?, Cheryl Y. Haskins

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen

Faculty Scholarship

No abstract provided.

Peace And Unification In Korea And International Law, Byung-Hwa Lyou

Maryland Series in Contemporary Asian Studies

No abstract provided.