Garrett Power

Professor Emeritus of Law

Phone: (410) 706-7661 Fax: (410) 706-0407 Email: gpower@law.umaryland.edu Office: 484

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

Current Courses:
Legal History Seminar: The Marshall Court 1801 - 1835 , Legal History Seminar: The Marshall Court, 1805-1835 , Property , Property

Biography Publications

Biography

Professor Power was granted emeritus status in 2007. He continues as an active teacher and scholar teaching courses in constitutional law and legal history. The constitutional law course considers the provisions of the U.S. Constitution found in the Bill of Rights, the Fourteenth Amendment and Commerce Power that limit land use controls, environmental regulations and governmental exactions. The legal history seminar considers salient legal precedents affecting Baltimore and Maryland. The focus changes from year to year. Among the recent topics are The Administration of Justice in Baltimore during the Civil War, and Maryland Prize Court Decisions in the U.S. Supreme Court--1789-1856. The seminar has worked closely with the Maryland State Archives to make primary legal records (dockets, transcripts, depositions, etc.), accessible for historical study in a digital environment.

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 governmental power. 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 Westminster Burying Ground (the site of Edgar Allan Poe’s grave) and the operation of the restored 19th century Westminster Hall.

Publications

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 423 (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]

Baltimore After the War of 1812: Where Robert Mills Met His Waterloo and When James A. Buchanan Broke the Bank (working paper, 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]

The Residential Segregation of Baltimore's Jews: Restrictive Covenants or Gentlemen's Agreement?, 1996 Generations 5. [Full Text]

The Carpenter and the Crocodile, 91 Maryland Historical Magazine 4 (1996). [Full Text]

Public Service and Private Interests: A Chronicle of the Professional Life of Philip B. Perlman, 4 Journal of Southern Legal History 61 (1995-1996). [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 Advent of Zoning, 4 Planning Perspectives 1 (1989). [Full Text]

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

Pyrrhic Victory: Daniel Goldman's Defeat of Zoning in the Maryland Court of Appeals, 82 Maryland Historical Magazine 275 (1987). [Full Text]

High Society: The Building Height Limitation on Baltimore's Mr. Vernon Place, 79 Maryland Historical Magazine 197 (1984). [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]

Estate Taxation of Charitable Remainders Subject to Powers of Diversion, 26 Maryland Law Review 304 (1966). [Full Text]

Garrett Power

Professor Emeritus of Law

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