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<title>Maryland Legal History Publications</title>
<copyright>Copyright (c) 2013 University of Maryland Francis King Carey School of Law All rights reserved.</copyright>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs</link>
<description>Recent documents in Maryland Legal History Publications</description>
<language>en-us</language>
<lastBuildDate>Fri, 01 Mar 2013 01:42:32 PST</lastBuildDate>
<ttl>3600</ttl>


	
		
	

	
		
	







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<title>&lt;em&gt;Kennedy v. The Baltimore Insurance Company&lt;/em&gt;, 3 H. &amp; J. 367 (1813): The Story of One Baltimore Merchant Among Many Fighting an Insurance Company in Times of War</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/36</link>
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<pubDate>Wed, 27 Feb 2013 09:15:34 PST</pubDate>
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	<p>The Napoleonic Wars in the early 1800’s resulted in many Baltimore merchants obtaining insurance for their vessels and cargo. During this period of unrest, Lemuel Taylor and John F. Kennedy insured a Baltimore vessel which was subsequently captured by the British. This paper contextualizes the case of <em>Kennedy v. The Baltimore Insurance Company</em> within this period and illustrates the struggles faced by many merchants who sought to be reimbursed for their losses. I also tried to focus on the historical backgrounds of the key players to the case, especially Lemuel Taylor and John F. Kennedy. All together, the case of <em>Kennedy v. The Baltimore Insurance Company </em>presents the opportunity to recreate the legal history surrounding maritime insurance in Maryland during the War of 1812.<strong> </strong></p>

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<author>Jon F. Watson</author>


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<title>&lt;em&gt;Baptiste v. de Volunbrun 5 H. &amp; J. 86 (Md 1820)&lt;/em&gt;: the Events Surrounding an Early Nineteenth-Century Freedom Petition Before the Maryland Court of Appeals</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/35</link>
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<pubDate>Fri, 22 Feb 2013 12:34:19 PST</pubDate>
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	<p>BAPTISTE V. DE VOLUNBRUN 5 H. & J. 86 (Md. 1820): In Jean Baptiste’s 1820 freedom petition we have not only a slavery case typical of the region and period, but also a compelling and informative narrative from the beginning of the end of North America’s nearly two hundred and fifty year era of slavery. This epic has its roots in the some of the earliest African arrivals to the new world and was significantly influenced by the major trends in philosophy that immediately preceded its commencement, as well as a concurrent and burgeoning American abolitionist movement. It features questionable heroes and underhanded villains, mob riots and narrow escapes, suffering and injustice, journeys through the Caribbean, New England, Maryland and New Orleans, and ultimately, redemption.</p>

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<author>Kurt Ellerbe</author>


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<title>&lt;em&gt;Barney v. Smith (MD 1819) &lt;/em&gt; Congressman versus the Commodore</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/34</link>
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<pubDate>Wed, 02 Jan 2013 05:45:09 PST</pubDate>
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	<p>A historical outlook on the events surrounding the <em>Barney v. Smith</em> Case.  The Article discusses the impact of the French and British conflict on United States trade, as well as some of the measures taken by the United States in order to insulate themselves from the adverse fiscal impacts on the economy due to this conflict.   Also discussed are the key individuals involved in the case and their intertwining relationships.  There is a comprehensive breakdown on the attorney’s arguments and subsequent judicial holding.</p>

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<author>Angelisa Hicks</author>


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<title>Marine Insurance and Mercantile Enterprise Through the Lens of &lt;em&gt;The Baltimore Insurance Company v. McFadon &lt;/em&gt; 4 H.&amp; J. 31 (1815)</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/33</link>
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<pubDate>Wed, 02 Jan 2013 05:41:51 PST</pubDate>
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	<p>This essay contextualizes the case of <em>The Baltimore Insurance Company v. McFadon</em>, tracing the dispute from its origin to its disposition in the Maryland Court of Appeals in 1815. The case, which centered on whether mutual claims could be set-off against each other in a suit involving an open insurance policy, is illuminating as to the evolution of marine insurance, trade between Baltimore and the West Indies in the late eighteenth century, and the impact of the Napoleonic Wars on American mercantile enterprise. By examining the case through the lens of this historical study, it becomes apparent that the result the Court of Appeals reached was not only just, but also practical in light of the needs of a booming port town.</p>

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<author>Catherine Gonzalez</author>


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<title>British 1812 Wartime Policy on the High Seas and Maryland Maritime Insurance:  &lt;em&gt;Carrere v. Union Insurance Co. of Md. (1813)&lt;/em&gt;</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/32</link>
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<pubDate>Thu, 20 Dec 2012 11:09:37 PST</pubDate>
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	<p>Places <em>Carrere v. Union Insurance Co. of Md (1813)</em> into its historical setting considering the role of maritime insurance and British wartime policy on the high seas.</p>

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<author>Thomas R. Riley</author>


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<title>An Environmental History of Fairfield/Wagner Point</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/31</link>
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<pubDate>Mon, 30 Jan 2012 10:04:23 PST</pubDate>
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	<p>This paper traces the history of the Fairfield/Wagner Point<strong> </strong>peninsula from the beginning of the European settlement to the present, observing the ambitions and dreams of developers and industrial entrepeneurs, the significant contribution the area made to our nation's wartime production in World War II, the rise and fall of the tight-knit workers' communities, the struggles of outside activists and community leaders to better the living conditions of these neighborhoods, and the environmental devastation of the area followed by the attempt to redevelop the area with “green" industry. A 'central strand in this complex and contradictory story will be the City's century-and-a-half use of the area as a dumping ground of various sorts, a perhaps indispensable wasteland making possible the amenities enjoyed by other Baltimoreans and their county neighbors, while at the same time two neighborhoods grew up and for a time even flourished in the midst of a district zoned for heavy industry.</p>

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<author>Philip Diamond</author>


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<title>The Mayor and City Council of Baltimore v. The Baltimore and Ohio Railroad (1864)</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/30</link>
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<pubDate>Mon, 30 Jan 2012 05:58:40 PST</pubDate>
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	<p>The B&O Railroads area of operations during the Civil War placed it both in harms way, as well as presented opportunities for immense profit and expansion. However, two distinct parties within the board of directors remained at odds over the nature and direction of the growth. Using one particular case as a foundation, this paper examines the dynamics of the board of directors during the Civil War through a case study of a injunction brought by members of the board against the controlling board as a whole. Within a comprehensive examination of the history of the B&O and its role throughout the course of the war, this paper uncovers the nature of the dispute, as well as the dynamics of the players and events involved, which formed a catalyst for the expansion of one of the most successful railroad operations in American history.<br /><br /><strong></strong></p>

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<author>Joshua Cover</author>


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<title>&lt;em&gt;Coston v. Coston, &lt;/em&gt; 25 Md. 500 (Md. 1866): The Plight of One Family Out of Many Fighting Apprenticeship in Reconstruction Maryland</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/29</link>
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<pubDate>Thu, 12 Jan 2012 06:20:27 PST</pubDate>
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	<p>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 <em>Coston v. Coston</em> within the times and provides a unique opportunity to illustrate one family’s plight under this legal system.  Moreover, throughout this paper I attempt to weave together the political, social, and ideological backgrounds of the integral players in the case by resurrecting their influence and motivations.  I try to especially focus on the radical republican lawyers who represented Leah, as they devised a carefully crafted litigation strategy to attack Maryland’s apprenticeship system.  All together, the case of <em>Coston v. Coston</em> presents the opportunity to reconstruct the legal history surrounding apprenticeship in Maryland at the end of the Civil War.</p>

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<author>Zachary S. Schultz</author>


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<title>The Lutheran Church During The Civil War: The Case of Rev. Zimmerman</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/28</link>
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<pubDate>Thu, 12 Jan 2012 06:12:43 PST</pubDate>
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	<p>In 1864 a pastor walked into the Superior Court of Baltimore and sued his Congregation.  The pastor, Reverend Leonhard Frederick Zimmerman (Rev. Zimmerman), wanted to be reinstated to his position as pastor of the St. Stephen’s German Evangelical Lutheran Church (St. Stephen’s), following a close vote calling for his dismissal.  The Maryland Court of Appeals affirmed the reinstatement of the Rev. Zimmerman, however neither case discussed the underlying reason for his dismissal.  In this project it was necessary to explore the Lutheran Church during the Civil War by studying the history of the Lutheran Church in America, the history of St. Stephen’s, and the biographies of the individuals involved in the case to uncover areas of conflict.  Three potential reasons emerged: the use of the German Language, Slavery, or Prohibition of alcohol.</p>

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<author>Jennifer H. Cornely</author>


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<title>&quot;Displaced by a force to which they yielded and could not resist&quot;: A Historical and Legal Analysis of Mayor and City Counsel of Baltimore v. Charles Howard et. al</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/27</link>
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<pubDate>Wed, 11 Jan 2012 10:35:53 PST</pubDate>
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	<p>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 <em>Howard</em> case with a critical eye, this article will uncover the underlying motivations behind the litigation while clarifying the chaotic events in Baltimore during the Civil War.</p>

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<author>Matthew Kent</author>


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<title>Wallace-McHarg’s Plans for Greater Baltimore</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/26</link>
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<pubDate>Mon, 09 May 2011 08:23:27 PDT</pubDate>
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	<p>This essay considers the growth of the partnership between David Wallace and Ian McHarg into one of the nation’s dominant urban design and environmental planning firms.  It focuses on the firm’s undertaking in the Greater Baltimore region in the 1950’s, 1960’s, and 1970’s.  With the benefit of fifty years of hindsight it looks at the successes and failures of their plans for Charles Center, the Green Spring and Worthington Valleys, and the Inner Harbor.  Surprisingly, prize-winning innovations praised in one generation came to be judged as the design flaws of the next.  Less surprisingly, their plans to “design with nature” sometimes were used by their clients to promote racial and economic segregation.</p>

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<author>Garrett Power</author>


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<title>Adoption of English Law in Maryland</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/25</link>
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<pubDate>Mon, 09 May 2011 08:23:27 PDT</pubDate>
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	<p>It served as an axiom of Maryland’s constitutional history that settlers carried with them the “rights of Englishmen” when they crossed the Atlantic. In 1642 the Assembly of Maryland Freemen declared Maryland’s provincial judges were to follows the law of England. Maryland’s 1776 Declaration of Independence left a legal lacuna--- what were to be the laws and public institutions of this newly created sovereign entity?  This paper considers the manner in which the sovereign state of Maryland filled the void.</p>

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<author>Garrett Power</author>


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<title>Caretti v Broring Building Company: The Sewering and Planning of a City</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/24</link>
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<pubDate>Tue, 01 Mar 2011 14:00:49 PST</pubDate>
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	<p>Caretti v Broring Building Company was a case decided by the Court of Appeals of Maryland in 1926. Louis and Lucia Caretti sued the Broring Building Company in 1925 to enjoin them from polluting a stream that flowed through the Carettis’ property with sewage from their sewer system. The Carettis sued for an injunction to stop the operation of the sewer and further pollution of the stream. The Court of Appeals reversed the trial court ruling and decided in the Carettis’s favor, granting them an injunction against Broring.</p>
<p>The Carettis’ case occurred at a time when Baltimore was undergoing several reforms. At the beginning of the 20th century, Baltimore was a large city with a growing population, and public health concerns warranted the necessity of adequate disposal of waste. By the early 1900s, officials in the city had begun to implement changes in the sewer system and city planning. After the Annexation of 1918, the city needed a way to extend the municipal sewer system to the newly annexed areas of the city and to beautify the areas, including Herring Run.</p>
<p>These issues would all come to affect the Carettis’s case and property in some way. This paper will begin by exploring the historical context in which this case arose and how the case was affected by it.</p>

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<author>Sheba Newman-Blount</author>


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<title>The Baltimore Development Corporation: A Case Study of Economic Development Corporations, Shadow Government, and the Fight for Public Transparency and Accountability</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/23</link>
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<pubDate>Tue, 01 Mar 2011 14:00:43 PST</pubDate>
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	<p>This paper explores the limited public accountability of local quasi-public development corporations in negotiating and implementing public redevelopment projects by examining the history of the Baltimore Development Corporation (BDC).  For most of its two-decade existence the BDC has strenuously resisted all public inquiry and oversight, a tradition inherited from its predecessors that originated as private business-led entities performing tasks under contract with Baltimore City (City).  Like other similar quasi-public local development corporations, the BDC justified its need for secrecy as necessary to ensure the BDC’s effectiveness and efficiency in negotiating with private businesses on redevelopment projects.  This assertion that a business-like model with limited transparency or public oversight was critical to achieve successful redevelopment projects dates back to the Progressive Era’s good government reform movements, which ironically also pushed for government transparency and accountability.  Springing from these Progressive roots, quasi-public entities modeled on private businesses and insulated from direct political control became the primary entities responsible for urban redevelopment in parallel with the growth of professional city planning, another offspring of Progressivism.</p>

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<author>Maximilian Tondro</author>


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<title>Green v. Garrett: How the Economic Boom of Professional Sports Helped to Create, and Destroy, Baltimore’s Memorial Stadium</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/22</link>
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<pubDate>Tue, 01 Mar 2011 14:00:40 PST</pubDate>
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	<p>Buildings, like people, have lives all their own.  They have beginnings, middles, ends, and even good and bad years.  This project is a study of a building known by many names, including Venable Park, Mud Stadium, The Great White Elephant of 33rd St., The Old Gray Lady, and the World’s Largest Outdoor Insane Asylum, although for most of its life it was officially referred to as Memorial Stadium, located in Baltimore, Maryland.</p>
<p>The story of Memorial Stadium is really the story of those in the community that surround it.  As the use and popularity of the Stadium grew, so too did the annoyances associated with living near the 20th century Baltimore landmark.  Memorial Stadium would become and is most known as the home of both the professional baseball and football teams of Baltimore, the Orioles and the Colts.  However, before professional sports teams labored under the lights of the Old Gray Lady, the Stadium was home to some of the most important collegiate football games in the United States, and used as a gathering place for community events and symphonic concerts.</p>
<p>This shift in use from civic-based events and the occasional college football game, to almost exclusive professional sports use spurned consternation and complaints from those that called the surrounding neighborhood home….</p>

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<author>Jordan Vardon</author>


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<title>State of Maryland v. Louis Hyman: Did Progressivism, Concern for Public Health, and the Great Baltimore Fire Influence the Court of Appeals?</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/21</link>
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<pubDate>Tue, 01 Mar 2011 14:00:38 PST</pubDate>
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	<p>In the latter half of the nineteenth century, increased immigration from eastern Europe and a growing garment industry in Baltimore led to vast growth in so-called sweatshops: cramped workspaces in which clothing was partially or completely sewn for market. As the sweatshops grew, integrated clothing factories were also emerging, finally becoming a real force in the Baltimore garment industry around the turn of the twentieth century. As the integrated factories grew, the workers joined in the growing organized labor movement, and then began to push for greater protections for the health and safety of workers, as well as fair wages. Among the most significant results of the organization of garment workers were the sweatshop laws passed in 1894, 1896, and 1902, which sought greater protection for the laborers in sweatshops, and through some of those protections, of the public health. The passage of these laws was achieved through efforts by both the garment workers unions, which sweatshop workers joined over this same stretch of time, and the state government officials who fought for the laws, namely Jacob Schonfarber, Assistant Chief of the Bureau of Industrial Statistics of Maryland. However, the enforcement regime enacted by the laws passed in the 1902 session of the Maryland General Assembly was viewed by many sweatshop operators as an undue intrusion upon private property rights and the right to work, and as providing authority to the inspectors without sufficient constraint upon their decision-making powers.</p>

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<author>Justin Haas</author>


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<title>Island Here Today, Gone Tomorrow (H. Milton Wagner, et al. v. Mayor and City Council of Baltimore, 1956)</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/20</link>
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<pubDate>Fri, 11 Jun 2010 08:31:49 PDT</pubDate>
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	<p>Court of Appeals of Maryland. H. Milton Wagner, Jr., Amelia W. Sutton, Florence C. Mulligan et al. v. City of Baltimore is an appeals case that started in Anne Arundel County, Maryland in 1916 over an island that was at one point in Maryland state history part of Anne Arundel County. A land patent was issued to John P. Bruns in 1909 and later sold to H. Milton Wager, Sr. The island in question, known as Reed Bird Island, was surveyed in 1908 by the County Surveyor of Anne Arundel County. The land was not found to be covered by navigable water and thus a land patent was issued. Since the island was crossed by the Light Street Bridge and thus the state had to pay for right to access, it makes one question what was the motivation behind the law suit. Did the state ultimately want control over the island that so that the issue of riparian rights would no longer be an issue and the state government could do as they saw fit for development of the area. It would appear that control of the island and ultimately the waterway sparked the governmental interest and thus the legal pursuit of control over the area began. The Light Street Bridge burned in 1914 and was subsequently replaced by the present day Hanover Street Bridge. When the case is resolved in 1956 it would appear that the motivation behind governmental control shifted from trade and commerce and was more about protecting the natural habitat and wetlands as the area was later developed into the Patapsco Valley Park.</p>

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<author>Brandy Reazer et al.</author>


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<title>Jack Lewis: An Undertaker&apos;s Gamble</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/19</link>
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<pubDate>Thu, 10 Jun 2010 13:42:26 PDT</pubDate>
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	<p>On December 15, 1933, the case of Jack Lewis, Inc. v. Mayor and City Council of Baltimore concluded with a denial of certiorari from the United States Supreme Court. After over a year and a half of litigation, Jack Lewis, Inc. had to close the shutters on their newly acquired funeral parlor at 1804 Eutaw Place, in the Jewish community of Mount Royal.</p>
<p>The company had its roots in the “downtown” Eastern European Jewish neighborhood while Eutaw Place was home to a number of “uptown” German Jews who were integrated with wealthy gentiles. Not only did the Supreme Court’s decision thwart Mr. Lewis’ aspirations to develop his business in a residential district, but it also closed the doors to other potential renting/leasing families on the second and third floors of the building. A few years later, however, this very same company would reopen their uptown business on 2102 Eutaw Place, a few blocks away but zoned for commercial use, while maintaining their downtown funeral parlor.  Yet what is intriguing about this case goes beyond the legal process that delayed Mr. Lewis’ financial ambitions. Instead the underlying social and economic factors of the period demand our studious attention.</p>

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<author>James Furgol et al.</author>


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<title>Garitee v. Mayor and City Council of Baltimore: A Gilded Age Debate on the Role and Limits of Local Government</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/18</link>
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<pubDate>Thu, 10 Jun 2010 13:42:26 PDT</pubDate>
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	<p>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.</p>
<p>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 health commissioners alone hired as many as six hundred city employees after a single snowstorm.  The expansion of government brought about an era of economic liberalism under the Democratic mayoral administration of Joshua Vansant.  Subsequent administrations were forced to curtail spending and restrict the expansion of government, bringing an economic depression to the city.  William L. Garitee found himself caught in the middle of this debate.  As a businessman, it would seem as if Garitee would hail the city’s expansion; however, he seemed to endure the negative effects of the growth, including hosting a dumping ground for the city.  His lawsuit, thus, became a microcosm of the power struggle between the objectives of the government and the individual businessman. Overall, Garitee v. Mayor and City Council of Baltimore challenged the role of and established limits on the powers of local government.</p>

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<author>Kevin Attridge et al.</author>


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<title>Mayor v. Fairfield Improvement Company: The Public&apos;s Apprehension to Accept Nineteenth Century Medical Advancements</title>
<link>http://digitalcommons.law.umaryland.edu/mlh_pubs/17</link>
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<pubDate>Thu, 10 Jun 2010 13:42:25 PDT</pubDate>
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	<p>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.</p>

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<author>Ryan Wiggins et al.</author>


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