Legal History Commons^™

Reddall V. Bryan And The Role Of State Law In Federal Eminent Domain Jurisprudence, Shannon Frede

Legal History Publications

Prior to 1875, the standard federal takings procedure had been for state governments to condemn property on behalf of the federal government. As a result, the majority of interpretative work in the early history of eminent domain jurisprudence was undertaken by state courts. In 1853, the Maryland General Assembly granted the United States Government the power to condemn land in Maryland for an aqueduct across the Potomac to supply water to two District cities. In Reddall v. Bryan, the Maryland Court of Appeals upheld the aqueduct supplying the city of Washington with water as a public use. The Court …

Baltimore V. Valsamaki: The Maryland Court Of Appeals' Response To Kelo, Jeff Shaw

Legal History Publications

In the years following the Supreme Court’s controversial decision in Kelo v. New London, state judges and legislators across the country responded with a tidal wave of reform to state eminent domain law. While legislative reform efforts largely floundered in the Maryland General Assembly, the Maryland Court of Appeals, in the case of Baltimore v. Valsamaki, curbed the City of Baltimore’s use of quick-take condemnation procedures, imposed additional planning requirements on condemning authorities, and emphasizing the fact that property rights are fundamental constitutional rights. This article will begin with an examination of quick-take procedures and the reasons why …

Public Takings By The State For Private Use: A Maryland Case Study In Georges Creek Coal & Iron Company V. New Central Coal Company (1871-1874), Joshua T. Carback

Legal History Publications

This paper examines the legal controversy concerning New Central Company’s attempt to execute a public taking of the land of the Georges Creek Coal and Iron Company for its private use to build a railroad. This paper analyzes the significance of the case within the social, economic, and political context of the town of Lonaconing in Allegany County, Western Maryland, where the parties were situated. This paper also traces the procedural history of the case, including its appearance before the Allegany Circuit Court in 1872, and before the Maryland Court of Appeals in 1873 and 1874. Finally, this paper presents …

Case Study: Webster V. Susquehanna Pole Line Company Of Harford County (1910), Alyssa E. Leonhardt

Legal History Publications

At the turn of the 20th century, the State of Maryland witnessed an increase in the demand for hydroelectricity. Several public utility companies raced to construct a hydroelectric facility on the Susquehanna River, by which they could distribute electricity to Baltimore, Harrisburg, Philadelphia, and Wilmington. This case study examines the use of eminent domain by one such company, the Susquehanna Pole Line Company of Harford County, for the purpose of erecting a continuous transmission line, originating at McCall’s Ferry Dam, the first hydroelectric facility built on the Susquehanna River. This project was subsequently challenged by Harford County residents, whose property …

The Constitutional Dimensions Of Sports Franchise Takings: Lessons Learned From The Baltimore Colts, Travis Bullock

Legal History Publications

This paper chronicles the history of the Baltimore Colts up to and during that franchises’ relocation from Baltimore City to Indianapolis. Although Baltimore City attempted to prevent the relocation by taking the franchise through eminent domain, the Colts were no longer subject to Maryland’s, and therefore the city’s, jurisdiction. By moving, the Colts exposed an important limitation on State eminent domain authority; that condemned property must be located within a state’s territory in order to be subject to eminent domain. Further, the commerce clause would likely have prevented the city from condemning the Colts.

Condemnation Of Fairfield During World War Ii: A City's Quest For Just Compensation, Fernando Papakonyang

Legal History Publications

During World War II, when allied cargo ships were being sunk by German U-boats, the

Federal government in a bid to expand its ship building capabilities, condemned land in Fairfield, Baltimore, Maryland. The land was given to Bethlehem Steel Corporation, primarily to build and repair ships. After the owners of property in the condemned area were compensated, the District Court in the District of Maryland convened to determine what compensation if any the Mayor and City of Baltimore were entitled to for the alleys that were condemned.

The Court granted the Mayor and City of Baltimore only nominal damages as …

Great Falls Mfg. Co. V. Garland, 124 U.S. 581 (1888): The Final Battle After Thirty Years Of Litigation Over The Rights To Great Falls On The Potomac, Julia Carbonetti

Legal History Publications

The Great Falls Manufacturing Company owned extensive land and water rights at the Great Falls on the Potomac River at the time the United States decided to use the Great Falls as a water supply to the new capital in the City of Washington. In order to use its power of eminent domain, the federal government passed two Acts between 1858 and 1888. During that time, the United States and the Great Falls Manufacturing Company pursued 30 years of litigation to argue the just compensation that was due for the property taken at Great Falls. The 30 years ended in …

Garner Courage, Carl B. Westmoreland

Freedom Center Journal

Robert Garner was born into a slave family on the James Marshall plantation located in Richwood, Kentucky. At 25 years old, Robert executed a plan to free all eight members of his family. They were captured in Cincinnati. His wife, Margaret, determined not to return to slavery, sought to kill her children and then herself. She was able to kill her youngest daughter by slitting her throat. The group members that remained alive were turned over to the U.S. Marshal of Cincinnati for violating the 1850 Fugitive Slave Act. Knowledge of the Gamers' story and their gruesome capture outraged the …

Dedication To Freedom, Emily M.S. Houh

Freedom Center Journal

The articles in this issue of The Freedom Center Journal are timely challenges to the persistent efforts to undermine the American values enshrined in the Preamble of the Constitution and the body of the Constitution itself with its three Civil War Amendments.

The student editors of this volume intended the selected contributions to offer readers a nuanced view of our nation’s current identity crisis. The collection is offered in the hope that it will encourage further thinking and discussion about what it means to be part of the American experiment with democratic self-governance in an age of resurgent white supremacy.

The John W. Anderson Slave Pen, Carl B. Westmoreland

Freedom Center Journal

At the end of 18th century America, a series ofevents occurred that forever changed the economic and political status of white Americans. These changes were heavily influenced by the transportation of blacks to this country, the circumstances surrounding their enslavement, and the increasing demand for cotton. America's founders prohibited the importation of enslaved Africans into the United States at the 1787 Constitutional Convention. This prohibition, however, occurred at a time when America was expanding and additional labor was necessary. The invention of the cotton gin in 1793 increased the amount of market ready cotton. The Louisiana Purchase doubled the size …

Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker

Articles

No abstract provided.

Identity Contests: Litigation And The Meaning Of Social-Movement Causes, Mary Ziegler

Scholarly Publications

What do we mean by a right to life? Should—or does—such a right cover only antiabortion claims? Or should the term apply more broadly—to debates about class and welfare, about the death penalty, or even about human rights? In the abortion wars, litigation strategy has helped to dictate the answers to these questions. Historians and legal scholars have studied the tensions between lawyers and the lay actors they represent, chronicling how lawyers modify and even limit the social changes activists demand. By putting the attorney-client relationship center stage, scholars have sometimes obscured an equally important story about how litigation strategy—as …

Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, Mark A. Drumbl

Scholarly Articles

The Supreme National Tribunal of Poland (Najwyzszy Trybunal Narodowy (Tribunal)) operated from 1946 to 1948. It implemented the 1943 Moscow Declaration in the case of suspected Nazi war criminals. This article unpacks two of the Tribunal’s trials, that of Rudolph Hoess (Kommandant of Auschwitz (Oswiecim) and Amon Goeth (commander of the Krakow-Plaszow labour camp). Following an introduction, the article proceeds in four sections. Section 2 sets out the Tribunal’s provenance and background, offering a flavour of the politics and pressures that contoured (and co-opted) its activities so as to recover its place within the imagined spaces of international criminal accountability. …

Between Black And White: The Coloring Of Asian Americans, 14 Wash. U. Global Stud. L. Rev. 637 (2015), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

As in other ethnic and racial groups, colorism plays a significant role in the social interactions in and among Asian Americans. Investigating colorism in the Asian American community provides insights into how group members construct their own racial identities in relation to the broader race-stratified society. A colorism inquiry is a necessary intervention into the existing discourse of Asian American identity construction because it complicates common understandings of the Black/White binary in ways that shed new light on inter- and intra-racial relationships. This article addresses colorism in the Asian American community, and demonstrates both how Asian Americans have been racialized …

Dedication To Freedom, Emily Houh

Faculty Articles and Other Publications

This special volume of the Freedom Center Journal comprises two issues, both dedicated to the tenth anniversary of the National Underground Railroad Freedom Center ("Freedom Center"), which first opened its doors in 2004.

Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe

American University Law Review

No abstract provided.

Agora: Reflections On Zivotofsky V. Kerry : Historical Gloss, The Recognition Power, And Judicial Review, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

The Role Of Political And Social Movements On Women’S Entry Into The Legal Profession In Maryland (1902-1918), Jane C. Murphy

All Faculty Scholarship

The rise of women in the legal profession in Maryland was shaped by a wide range of factors, including national, state, and local political and social movements. As one scholar has noted, "[W] omen's lives are complex and .. . region, period, personality, and circumstance crucially influence what a subject is able to make of herself."' In this chapter, I explore how those circumstances-- personal and political-influenced the first group of eight women admitted to the Maryland Bar between 1902 and 1920. These women-Etta Maddox, Anna Grace Kennedy, Emilie Doetsch, Marie Elizabeth Kirk Coles, Mary Virginia Meushaw, Helen F. Hill, …

A Postcolonial Theory Of Spousal Rape: The Carribean And Beyond, Stacy-Ann Elvy

Michigan Journal of Gender & Law

Many postcolonial states in the Caribbean continue to struggle to comply with their international treaty obligations to protect women from sexual violence. Reports from various United Nations programs, including UNICEF, and the annual U.S. State Department Country Reports on Antigua and Barbuda, the Bahamas, Barbados, Dominica, Jamaica, and Saint Lucia (“Commonwealth Countries”), indicate that sexual violence against women, including spousal abuse, is a significant problem in the Caribbean. Despite ratification of various international instruments intended to eliminate sexual violence against women, such as the Convention on the Elimination of All Forms of Discrimination Against Women, Commonwealth Countries have retained the …

Reform In 1215: Magna Carta And The Fourth Lateran Council, Kenneth Pennington

Scholarly Articles

By 1215 King John had lost almost all of his northern continental possessions. The core of the Angevin empire, Normandy, was lost. Anglo-French barons who still held lands in Normandy owed their primary allegiance to King Phillip Augustus, not to King John. The barons and churchmen who remained under his sovereignty chaffed under his rule. It is clear from the document that the barons forced John to sign when they met with John on Runnymede in 15 July 2015, they intended to impose reform on the king. We might sum up their objectives as being the administration of justice and …

Introduction To The Symposium On Entrepreneurial Lawyering, Anthony J. Luppino, Ellen Suni

Faculty Works

No abstract provided.

Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

America The Eusocial, 49 New Eng. L. Rev. On Remand 71 (2015), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline, Jonathon Arellano-Jackson

Seattle Journal for Social Justice

No abstract provided.

The Roberts Court And Penumbral Federalism, Edward Cantu

Faculty Works

For several decades the Court has invoked “state dignity” to animate federalism reasoning in isolated doctrinal contexts. Recent Roberts Court decisions suggest that a focus on state dignity, prestige, status, and similar ethereal concepts — which derive from a “penumbral” reading of the Tenth Amendment — represent the budding of a different doctrinal approach to federalism generally. This article terms this new approach “penumbral federalism,” an approach less concerned with delineating state from federal regulatory turf, and more concerned with maintaining the states as viable competitors for the respect and loyalty of the citizenry.

After fleshing out what “penumbral federalism” …

From The Statute Of Anne To Z.Z. Top: The Strange World Of American Sound Recordings, How It Came About, And Why It Will Never Go Away, 15 J. Marshall Rev. Intell. Prop. L. 1 (2015), Bruce Epperson

UIC Review of Intellectual Property Law

Uniquely among all industrialized nations, the United States extended no copyright protection to sound recordings until 1972. The individual aural representation captured for playback could only be protected by the common or statutory laws of individual states. This feature was carried forward into the comprehensive revision of the Copyright Act implemented on January 1, 1978. Although the Copyright Act contained a sweeping provision that brought works created prior to the legislation under federal protection, pre-1972 sound recordings were specifically exempted. The extent to which this lack of status has created a legal and environmental void is best demonstrated by a …

The History Of Prosecutorial Discretion In Immigration Law, Shoba Sivaprasad Wadhia

American University Law Review

No abstract provided.

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention, Carolyn B. Ramsey

Publications

Scholars and battered women's advocates now recognize that many facets of the legal response to intimate-partner abuse stereotype victims and harm abuse survivors who do not fit commonly accepted paradigms. However, it is less often acknowledged that the feminist analysis of domestic violence also tends to stereotype offenders and that state action, including court-mandated batterer intervention, is premised on these offender stereotypes. The feminist approach can be faulted for minimizing or denying the role of substance abuse, mental illness, childhood trauma, race, culture, and poverty in intimate-partner abuse. Moreover, those arrested for domestic violence crimes now include heterosexual women, lesbians, …

Membership Crime Vs. The Right To Assemble, 48 J. Marshall L. Rev. 729 (2015), Steven Morrison

UIC Law Review

The World War I (WWI) era generated the substantive First Amendment. Subsequent jurisprudence, however, has focused on the speech right and left the right to assemble underdeveloped. This is so because courts, lawyers, and scholars view the WWI cases as speech cases. In fact, these cases implicitly tested the assembly right more than they have been read to test the speech right because they involved “membership crime” – criminal conspiracy in federal and state courts, and criminal syndicalism at the state level. This Article uncovers the importance of the assembly right during the substantive First Amendment’s generation. It therefore serves …

John William Wallace (February 17, 1815-January 12, 1884): An Appreciation Upon The Two Hundredth Anniversary Of His Birth, Joel Fishman

Law Faculty Publications

In 2015 we celebrated the two hundredth anniversary of the birth of John William Wallace-librarian, court reporter, historian-who was born February 17, 1815 in Philadelphia and died on January 12, 1884. Known mostly as a reporter for the U.S. Supreme Court, this short biography tries to expand on some of the other accomplishments of his life. He was the son of John Bradford Wallace and Susan Binney, sister of the eminent Philadelphia lawyer, Horace Binney and descendant of the two famous printers in Pennsylvania, two William Bradfords in colonial Pennsylvania. Wallace studied law in his father's office and John Sergeant. …