Faculty

Photo of Garrett Power

Garrett Power

Professor Emeritus of Law

Phone: (410) 706-7661
Fax: (410) 706-0407
E-mail:
gpower @ law.umaryland.edu

Office: 484

BA, 1960, LLB, 1962, Duke University
LLM, 1965, University of Illinois


Biography | Selected Publications

Professor Power was granted emeritus status in 2007. He continues as an active scholar and teacher. During Maryland Law School's Fall semester of each year he teaches courses in constitutional law and legal history. The constitutional law course is based upon his book Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions which is freely accessible in the E—scholarship Repository of the University of Maryland School of Law. The Seminar is conducted in collaboration with Dr. Edward C. Papenfuse the Maryland State Archivist and Dr. Kriste Lindenmeyer, Professor of History at the University of Maryland Baltimore County. This interdisciplinary, inter-institutional effort works closely with the Maryland State Archives to make primary legal records (dockets, transcripts, depositions, etc.), accessible for historical study in a digital environment.

During a 2007 Summer session in Scotland Professor Power collaborated with faculty members from the University of Aberdeen while teaching a course in Comparative Constitutional Property that compared the law in Scotland, Germany, South Africa with that of the United States. He taught Property as a Visiting Professor at George Washington University School of Law in the Spring of 2008 and at West Virginia College of Law in the Spring of 2009.

Throughout his career Professor Power has maintained an active research interest in the public regulation of water and land resources. During his early work while concentrating on the environmental law he prepared the first comprehensive legal study of the Chesapeake Bay and the first draft of the Maryland wetland law. This effort culminated in his co-authorship of the book Chesapeake Waters in 1983.

Professor Power’s more recent scholarship has considered both constitutional law and legal history. He has prepared both teaching materials and articles considering the constitutional limitations on the land use controls, environmental regulations and governmental exactions. His historical work has resulted in a series of monographs considering the origins of the land system in Maryland and development of the City of Baltimore.

As President of Westminster Preservation Trust, Power directs the stewardship of the historic Western Burying Ground (the site of Edgar Allan Poe’s grave) and the operation of the restored 19th century Westminster Hall.

Books

Constitutional Limitations on Sovereignty (2014). [Full Text]

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2d ed. 2013). [Full Text]

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2008). [Full Text]

Chesapeake Waters: Pollution, Public Health and Public Opinion, 1607-1972 (1984; 2d ed. 1998) (with J. Capper & F. Shivers). [Abstract]

Book Chapters

Philip Perlman, in Yale Biographical Dictionary of American Law (Roger K. Newman ed., 2009).

Regulatory Takings, in Encyclopedia of the Supreme Court of the United States (David S. Tanenhouse ed., 2008). [Full Text]

Deconstructing the Slums of Baltimore, in From Mobtown to Charm City: New Perspectives on Baltimore's Past 47 (Jessica I. Elfenbein et al. ed., 2002). [Full Text]

Chesapeake Bay Oysters: Legal Theses on Exotic Species, in Exotic Species in Mariculture 265 (Roger Mann ed., 1979) (with T. Lewis). [Full Text]

Articles

Requiem for Regulation, 44 Environmental Law Reporter 10923 (2014). [Full Text]

Legal History Seminar: Leading Maryland Cases, 53 American Journal of Legal History 454 (2013) (with Edward C. Papenfuse). [Full Text]

Property Rights, the "Gang of Four" and the Fifth Vote: Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection (U.S. Supreme Court 2010), 21 Widener Law Journal 627 (2012). [Full Text]

Regulatory Takings: A Chronicle of the Construction of a Constitutional Concept, 23 Brigham Young University Journal of Public Law 221 (2009). [Full Text]

Calvert versus Carroll: The Quit-rent Controversy between Maryland's Founding Families (2005). [Full Text]

Meade v. Dennistone: The NAACP's Test Case to ". . . Sue Jim Crow Out of Maryland with the Fourteenth Amendment," 63 Maryland Law Review 773 (2004). [Full Text]

Palazzolo v. Rhode Island: Regulatory Takings. Investment-Backed Expectations, and Slander of Title, 34 Urban Lawyer 313 (2002). [Full Text]

Advocates at Cross-Purposes: The Briefs on Behalf of Zoning in the Supreme Court, 2 Journal of Supreme Court History 79 (1997). [Full Text]

Public Service and Private Interests: A Chronicle of the Professional Life of Philip B. Perlman, 4 Journal of Southern Legal History 61 (1995-96). [Full Text]

The Case of the 1989 Bordeaux, 44 Journal of Legal Education 434 (1994). [Full Text]

Parceling Out Land in the Vicinity of Baltimore: 1632-1796, Part I, 87 Maryland Historical Magazine 453 (1992); Part II, 88 Maryland Historical Magazine 150 (1993). [Full Text]

Apartheid Baltimore Style: The Residential Segregation Ordinances of 1910-1913, 42 Maryland Law Review 289 (1983), reprinted in A Property Anthology 161 (Richard Chused ed., 1993). [Full Text]

Multiple Permits, Temporary Takings and Just Compensation, 23 Urban Lawyer 449 (1991), reprinted in Zoning and Planning Law Handbook 233 (Kenneth Young ed., 1992). [Full Text]

Entail in Two Cities: A Comparative Study of Long Term Leases in Birmingham, England and Baltimore, Maryland 1700-1900, 9 Journal of Architecture and Planning Research 315 (1992). [Full Text]

The Unwisdom of Allowing City Growth to Work Out Its Own Destiny, 47 Maryland Law Review 626 (1988). [Full Text]

The Fox in the Chicken Coop: The Regulatory Program of the U.S. Army Corps of Engineers, 63 Virginia Law Review 503 (1977). [Full Text]

The Federal Role in Coastal Development, in Federal Environmental Law (1974).

More about Oysters Than You Wanted to Know, 30 Maryland Law Review 199 (1970). [Full Text]



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