Legal History Commons^™

Enumeration And Other Constitutional Strategies For Protecting Rights: The View From 1787/1791, Mark A. Graber

Faculty Scholarship

This paper interprets the constitution of 1791 in light of the constitution of 1787. The persons responsible for the original constitution thought they had secured fundamental rights by a combination of representation, the separation of powers, and the extended republic. The Bill of Rights, in their view, was a minor supplement to the strategies previously employed for preventing abusive government practices. Proposed amendments were less a list of fundamental freedoms than an enumeration of those rights likely to appease moderate anti-Federalists. That many vaguely phrased rights lacked clear legal meaning was of little concern to their Federalist sponsors, who trusted …

The Phantom Philosophy? An Empirical Investigation Of Legal Interpretation, Jason J. Czarnezki, William K. Ford

Maryland Law Review

No abstract provided.

Mestizaje And The Mexican Mestizo Self: No Hay Sangre Negra, So There Is No Blackness, Taunya Lovell Banks

Faculty Scholarship

Many legal scholars who write about Mexican mestizaje omit references to Afromexicans, Mexico’s African roots, and contemporary anti-black sentiments in the Mexican and Mexican American communities. The reasons for the erasure or invisibility of Mexico’s African roots are complex. It argues that post-colonial officials and theorists in shaping Mexico’s national image were influenced two factors: the Spanish colonial legacy and the complex set of rules creating a race-like caste system with a distinct anti-black bias reinforced through art; and the negative images of Mexico and Mexicans articulated in the United States during the early nineteenth century. The post-colonial Mexican becomes …

Environmental Law In The Supreme Court: Highlights From The Blackmun Papers, Robert V. Percival

Faculty Scholarship

The papers of the late Justice Harry A. Blackmun provide a remarkably rich archive that documents how the Court, for nearly a quarter century, handled environmental cases during a period crucial to the development of environmental law. This Article reviews highlights of what the Blackmun papers reveal about the U.S. Supreme Court’s handling of environmental cases during Justice Blackmun’s service on the Court from 1970 to 1994. The Article first examines what new light the Blackmun papers shed on some of the principal findings of the author’s October 1993 article Environmental Law in the Supreme Court: Highlights from the Marshall …

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

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.

Tributes To Professor Alice Brumbaugh, Alan D. Hornstein, Abraham Dash, Frederic N. Smalkin, Lynne A. Battaglia, Karen H. Rothenberg, David S. Bogen

Faculty Scholarship

Tributes to Professor Alice Brumbaugh upon her retirement from the University of Maryland School of Law.

Resolving Political Questions Into Judicial Questions: Tocqueville's Thesis Revisited, Mark A. Graber

Faculty Scholarship

This paper explores whether national political questions during the second party system were resolved into questions adjudicated by the Supreme Court of the United States. The essay details an appropriate test for Tocqueville’s thesis, demonstrates that most national political questions that excited Jacksonians were not resolved into judicial questions, and explains why Tocqueville’s thesis does not accurately describe national constitutional politics during the three decades before the Civil War. That most political questions were not resolved into judicial questions during the three decades before the Civil War given common political science claim that “(v)irtually any issue the Court might wish …

Setting The Record Straight: Maryland's First Black Women Law Graduates, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

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 …

Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment.", Garrett Power

Faculty Scholarship

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.

Lurking In The Shadows Of Judicial Process: Special Masters In The Supreme Court's Original Jurisdiction Cases, Anne-Marie Carstens

Faculty Scholarship

No abstract provided.

Deconstructing The Slums Of Baltimore, Garrett Power

Faculty Scholarship

No abstract provided.

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.

Group Minds And Expressive Harm, Simon Blackburn

Maryland Law Review

No abstract provided.

The Power Of Expressive Theories Of Law, Alan Strudler

Maryland Law Review

No abstract provided.

Expressivist Jurisprudence And The Depletion Of Meaning, Steven D. Smith

Maryland Law Review

No abstract provided.

The Moral Significance Of How Things Seem, Marcia Baron

Maryland Law Review

No abstract provided.

In Defense Of Appearances: A Reply To Marcia Baron's The Moral Significance Of How Things Seem, Sarah Buss

Maryland Law Review

No abstract provided.

Expression And Appearance: A Comment On Hellman, Matthew D. Adler

Maryland Law Review

No abstract provided.

On The Moral Foundations Of Legal Expressivism , Andrew Koppelman

Maryland Law Review

No abstract provided.

Symposium - The Expressive Dimension Of Governmental Action: Philosophical And Legal Perspectives: Introduction, Deborah Hellman

Maryland Law Review

No abstract provided.

Injustice And The Normative Nature Of Meaning, C. Edwin Baker

Maryland Law Review

No abstract provided.

Judging By Appearances: Professional Ethics, Expressive Government, And The Moral Significance Of How Things Seem, Deborah Hellman

Maryland Law Review

No abstract provided.

Measured Endorsement, Shari Seidman Diamond, Andrew Koppelman

Maryland Law Review

No abstract provided.

Polling Establishment: Judicial Review, Democracy, And The Endorsement Theory Of The Establishment Clause - Commentary On Measured Endorsement, Jamin B. Raskin

Maryland Law Review

No abstract provided.

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.

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

Faculty Scholarship

No abstract provided.

Security For A Commercial Loan: Historical & International Perspectives, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

Eulogy For Jerome W. Van Gorkom, James J. O'Connor

Speeches

The eulogy for Jerome Van Gorkom given by his friend James O'Connor, former CEO of Exelon and a lawyer.

Jerome W. Van Gorkom was, among other things, the U.S. Under Secretary of State for Management from 1982-1983 and the Chief Executive Officer of TransUnion from 1962-1980. He also was a defendant in one of the best known cases on the fiduciary duty of care in the corporate context; the case cite is Smith v. Van Gorkom, 488 A.2d 858 (Del. 1985).