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Articles 1 - 30 of 38
Full-Text Articles in Law
Interest And Irritation: Brown V. Maryland And The Making Of A National Economy, Henry P. Callegary
Interest And Irritation: Brown V. Maryland And The Making Of A National Economy, Henry P. Callegary
Legal History Publications
This paper examines the United States Supreme Court case Brown v. Maryland, 25 U.S. (12 Wheat.) 419 (1827), which struck down Maryland’s licensing fee on wholesalers of imported goods. In doing so, the Court reaffirmed its commitment to a national economic policy, instead of a state-centric system. This paper explores the context of the decision, including profiles of the parties involved, the attorneys for both sides, the lower court decisions, and the majority opinion and dissent from the United States Supreme Court. Additionally, this paper follows the lineage of the case through to the present day, examining its doctrinal impact …
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Faculty Scholarship
Pursuant to secret purchase and sale agreements (also known as forward flow agreements), the accounts that banks sell to debt buyers are often sold “as is,” with explicit and emphatic disclaimers that the debts may not be owed, the amounts claimed may not be accurate, and documentation may be missing. Despite their full knowledge that the accuracy and completeness of the data has been specifically disclaimed by the bank, when they sue consumers, debt buyers tell courts that the information obtained from the bank is inherently reliable and accurate. In order to avoid a fraud on the courts, the contents …
Back To Basics: An Agenda For The Maryland General Assembly To Protect The Environment, Rena I. Steinzor, Lee Huang
Back To Basics: An Agenda For The Maryland General Assembly To Protect The Environment, Rena I. Steinzor, Lee Huang
Faculty Scholarship
Maryland has a long-held reputation as a regional and national leader in environmental protection. But in some areas, especially enforcement, that reputation warrants scrutiny. For example, Maryland charges less than Pennsylvania and Virginia for some pollutant discharge permits, and the state does not assess permit fees for municipalities despite the resources required to administer those permits. The penalties for violating the Clean Water Act have remained chronically below the level allowed under federal law. Maryland law does not require MDE to penalize polluters for the full amount of the economic gain they achieved by flouting the law, unlike laws in …
Coston V. Coston, 25 Md. 500 (Md. 1866): The Plight Of One Family Out Of Many Fighting Apprenticeship In Reconstruction Maryland, Zachary S. Schultz
Coston V. Coston, 25 Md. 500 (Md. 1866): The Plight Of One Family Out Of Many Fighting Apprenticeship In Reconstruction Maryland, Zachary S. Schultz
Legal History Publications
The abolition of slavery in the State of Maryland, pursuant to the Maryland Constitution of 1864, resulted in the emancipation of thousands of black children, who, because of an unrepealed section of the Maryland Black codes, were quickly apprenticed to their former masters under the guise of a legal apprenticeship statute. Within this period of Maryland history is the story of Leah Coston and her two boys, Simon and Washington, who were apprenticed to their former master, Samuel S. Costen, on the Eastern Shore of Maryland. This paper contextualizes the case of Coston v. Coston within the times and provides …
Remarks By Professor Larry S. Gibson On The Occasion Of The Investiture Of Andre M. Davis, Larry S. Gibson
Remarks By Professor Larry S. Gibson On The Occasion Of The Investiture Of Andre M. Davis, Larry S. Gibson
Faculty Scholarship
Remarks by Professor Larry S. Gibson on the Occasion of the Investiture of Andre M. Davis as an Associate Judge of the U.S. Court of Appeals for the Fourth Circuit, April 30, 2010.
Remarks On The Occasion Of The Renaming Of The Robert M. Bell Center For Civil Rights In Education At Morgan State University, Larry S. Gibson
Remarks On The Occasion Of The Renaming Of The Robert M. Bell Center For Civil Rights In Education At Morgan State University, Larry S. Gibson
Faculty Scholarship
Remarks presented at the April 28th event honoring Maryland Chief Judge Robert M. Bell and the naming of the Morgan State University’s Center for Civil Rights in Education for the Judge.
Mayor V. Fairfield Improvement Company: The Public's Apprehension To Accept Nineteenth Century Medical Advancements, Ryan Wiggins, Daniella Einik
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
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 services. The …
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
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 …
Tobacco Regulation Review, V. 7, No. 2, Sept. 2008
Tobacco Regulation Review, V. 7, No. 2, Sept. 2008
Tobacco Regulation Review
No abstract provided.
Tobacco Regulation Review, V. 7, No. 1, Feb. 2008
Tobacco Regulation Review, V. 7, No. 1, Feb. 2008
Tobacco Regulation Review
No abstract provided.
Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds
Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds
Faculty Scholarship
The State of Maryland and the attorneys who practice in it have played a profound role in the history of the Constitution of the United States. That relationship should not surprise anyone: after all, Maryland was one of the original thirteen states, and its proximity to the nation’s capitol ensured that its lawyers would play an active role in the bar of the Supreme Court. Although the case names alone would make that history apparent – McCulloch v. Maryland, Brown v. Maryland, Federal Baseball – I am not aware of a serious scholarly effort to bring that history to the …
Tobacco Regulation Review, V. 6, No. 2, Sept. 2007
Tobacco Regulation Review, V. 6, No. 2, Sept. 2007
Tobacco Regulation Review
No abstract provided.
Tobacco Regulation Review, V. 6, No. 1, April 2007
Tobacco Regulation Review, V. 6, No. 1, April 2007
Tobacco Regulation Review
No abstract provided.
Tobacco Regulation Review, V. 5, No. 2, Feb. 2007
Tobacco Regulation Review, V. 5, No. 2, Feb. 2007
Tobacco Regulation Review
No abstract provided.
Tobacco Regulation Review, V. 5, No. 1, June 2006
Tobacco Regulation Review, V. 5, No. 1, June 2006
Tobacco Regulation Review
No abstract provided.
Tobacco Regulation Review, V. 4, No. 2, Dec. 2005
Tobacco Regulation Review, V. 4, No. 2, Dec. 2005
Tobacco Regulation Review
No abstract provided.
Tobacco Regulation Review, V. 4, No. 1, May 2005
Tobacco Regulation Review, V. 4, No. 1, May 2005
Tobacco Regulation Review
No abstract provided.
Calvert Versus Carroll: The Quit-Rent Controversy Between Maryland's Founding Families, Garrett Power
Calvert Versus Carroll: The Quit-Rent Controversy Between Maryland's Founding Families, Garrett Power
Faculty Scholarship
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 fortune …
Law And Letters: A Detailed Examination Of David Hoffman's Life And Career, Bill Sleeman
Law And Letters: A Detailed Examination Of David Hoffman's Life And Career, Bill Sleeman
Faculty Scholarship
David Hoffman (1784-1854) has been cast as America's first legal ethicist and as the founder of one of the nation’s first original methods of legal instruction. While these interpretations of his life are certainly true, Hoffman’s life and career encompassed so much more than that. With few exceptions researchers have focused on Hoffman’s legal career and have left historians to wonder about his other pursuits. This article will review, in individual sections, the many facets of Hoffman's life and career in an effort to provide a more complete picture than has previously existed.
Tobacco Regulation Review, V. 3, No. 2, Oct. 2004
Tobacco Regulation Review, V. 3, No. 2, Oct. 2004
Tobacco Regulation Review
No abstract provided.
Tobacco Regulation Review, V. 3, No. 1, April 2004
Tobacco Regulation Review, V. 3, No. 1, April 2004
Tobacco Regulation Review
No abstract provided.
Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen
Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen
Faculty Scholarship
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 …
Tobacco Regulation Review, V.2, No. 2, Sept. 2003
Tobacco Regulation Review, V.2, No. 2, Sept. 2003
Tobacco Regulation Review
No abstract provided.
Tobacco Regulation Review, V. 2, No. 1, April 2003
Tobacco Regulation Review, V. 2, No. 1, April 2003
Tobacco Regulation Review
No abstract provided.
Tobacco Regulation Review, V. 1, No. 1, July 2002
Tobacco Regulation Review, V. 1, No. 1, July 2002
Tobacco Regulation Review
No abstract provided.
Building Baltimore: The Baltimore City Interstate Highway System, Terry Wikberg
Building Baltimore: The Baltimore City Interstate Highway System, Terry Wikberg
Legal History Publications
This paper focuses on the history and impact of the federal highway system as it developed in Baltimore City. The paper focuses on the different plans proposed and the struggles surrounding their implementation.
The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power
The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power
Faculty Scholarship
No abstract provided.
Short Circuit: The Overselling Of Television In Politics, Larry S. Gibson
Short Circuit: The Overselling Of Television In Politics, Larry S. Gibson
Faculty Scholarship
Television and now the Internet are at the forefront of American political campaigning but many local elections are won on the ground with little or no investment in television. This piece, originally developed as a book proposal, examines the development of political campaigns in Baltimore, Maryland and nationally with a particular emphasis on the experience of African American candidates.
Whatever Happened To The American Dream?, Susan P. Leviton
Whatever Happened To The American Dream?, Susan P. Leviton
Faculty Scholarship
No abstract provided.