Looking Back - From a Field to the Bill of Rights

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It all began in a field. It seems strange to say that modern democracy was born in a simple meadow somewhere between Windsor and Staines. Back on June 15, 1215, in a meadow at Runnymeade, King John of England and a group of rebellious barons that had been threatening civil war signed a peace treaty. Little did they know at the time the lasting effect that this treaty, known later as the Great Charter or Magna Carta, would have not only at the time but hundreds of years later across a wide span of ocean in a land just finding its way. The Magna Carta, with its espousal of principles of liberty, inspired America’s Founding Fathers to include those rights in the United States Constitution and specifically the Bill of Rights. One of the central tenets of the Magna Carta, the protection from loss of life, liberty, or property without due process of law , provided the central theme for the declaration of individual rights set out in the Bill Rights. Other important rights and liberties stemming from this historic document are the right to trial by jury, the right to a speedy trial, freedom from cruel and unusual punishment, freedom from excessive fines or bail, and freedom from compulsory self-incrimination. The foundation for the notion of habeas corpus can also be found in the Magna Carta.

To learn more about Magna Carta and to see copies of one of the most important legal documents in history, check out these digital exhibits and resources:

Harris County Law Library’s Magna Carta: A Digital Exhibit

Library of Congress’s Magna Carta: Muse and Mentor

National Archives: Magna Carta

British Library: Magna Carta

Today is George Floyd Day

Today, June 9, 2020, as mourners gather in southwest Houston to remember George Floyd, Harris County Judge Lina Hidalgo plans to declare the day to be “George Floyd Day” in Harris County, Texas. Mr. Floyd’s death has sparked global protests and a renewed focus on civil rights. As the public law library for Harris County, we want to contribute to the conversation by assisting anyone who needs access to legal information. Knowledge is power and access to knowledge empowers. If we can help you find information or assist with your legal research, please visit our Virtual Reference Desk to contact us.

You can also find a wealth of information about civil rights and the law of protests from the following sources:

Civil Rights Law

Law of Protests

Racial Justice

To the Skies

“Flying may not be all plain sailing, but the fun of it is worth the price.” — Amelia Earhart

As far as the history of aviation goes, May 21 is a high-flying day. In 1922, Charles Lindbergh landed at Le Bourget Field outside of Paris to become the first person to make a nonstop solo flight across the Atlantic Ocean. Ten years later, in 1932, Amelia Earhart became the first woman to make that solo flight across the Atlantic, landing near Derry in Northern Ireland. These milestones in aviation history made us wonder about the history of aviation law. It is not an area that we hear too much about here at the Harris County Law Library.

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Generally speaking, aviation law encompasses the regulation of pilots, aircrafts, air carriers, and aviation facilities; the extent of ownership of airspace; the imposition of civil and criminal liability resulting from the operation of an aircraft; and the application of tort liability and principles in the event of an aviation accident. The first known lawsuit involving aviation was Guille v. Swan, a case decided in 1822 in New York. Plaintiff Swan sued defendant Guille in an action of trespass. Apparently, Guille has ascended in a balloon not too far from Swan’s garden. Somehow, Guille became entangled and called for help, causing the crowd that was following the balloon to trample upon Swan’s vegetables and flowers as they raced to his rescue. Swan sought to recover $90 for the damage that Guille and the crowd caused to his garden. The court found Guille liable for the entire amount, not just the damage caused by his balloon. On appeal, the court affirmed the lower court’s judgment, finding that because of his perilous situation and cries for help, Guille should have foreseen the crowd and the resulting damage.

Of course, aviation law has evolved quite a bit from that first lawsuit involving an errant balloon. It has developed into a highly regulated field, falling under the purview of the U.S. Department of Transportation. It all began with the Air Commerce Act of 1926, which gave the Secretary of Commerce regulatory powers over the registration and rating of aircraft and the establishment of air traffic rules. This was repealed and followed by the Civil Aeronautics Act of 1938, which, among other things, established the Civil Aeronautics Authority (CAA), an independent agency tasked with promoting and regulating the air industry, investigating accidents, and advocating safety. The modern era of aviation law came with the enactment of the Federal Aviation Act of 1958, which, although retaining the Civil Aeronautics Board (CAB) (which came about when the CAA was split into two agencies: the CAB and the Civil Aeronautics Administration), called for the creation of the Federal Aviation Agency, which would be responsible for civil aviation safety. The Federal Aviation Agency is the predecessor of today’s Federal Aviation Authority (FAA). The FAA, an agency under the U.S. Department of Transportation, is now responsible for not only the management and regulation of airports and airspace but also the commercial space launch industry. Investigations into aircraft accidents was transferred to the newly-created National Transportation Safety Board in 1967 when the new Department of Transportation was established.

Aviation law, however, is not all about regulation. Aviation tort law developed from the early cases involving balloon accidents and has evolved to include cases involving helicopters, gliders, and other aircraft. Legal actions in the area of aviation law assert claims based on the legal concepts of negligence, breach of contract and warranty, strict liability, ultrahazardous activity, nuisance, and trespass. Injuries can occur in a variety of circumstances, from those occurring during taxiing or takeoff to those caused by the aircraft’s sonic boom. Actions can also come in the form of products liability claims with allegations of breach of warranty, breach of a manufacturer’s duty of care, and enforcement of strict liability. Criminal liability can result under state and local law, as well as under the Federal Aviation Act. Despite federal preemption in most other areas of aviation law, states can impose criminal sanctions for such actions as unlawful operation of an aircraft over its land and waters, the operation of an aircraft while intoxicated, and reckless operation of an aircraft. Federal crimes include: aviation theft, aiming a laser pointer at an aircraft, and interference of safe operation of an aircraft. Offenses under the Federal Aviation Act include piracy and hijacking, carrying weapons or explosives on board an aircraft, interference with flight crew and attendants, and providing false information.

Aviation has certainly come a long way since those early days of the Wright Brothers, Lindbergh, and Earhart, and we’ve been flying high ever since.

Friday Firsts: Arabella "Belle" Mansfield - first woman admitted to the bar in the U.S.

This post was written by Jessica King, an extraordinary intern at the Harris County Law Library.

Arabella “Belle” Mansfield. Courtesy of Iowa Department of Human Rights.

In 1869, Arabella Mansfield became the first woman admitted to the Bar in the United States. Her achievement is an important first in the history of women in law, and she is often called the first woman lawyer in the United States.*

Early Life and Education

She was born in Iowa on August 23, 1946, and named Arabella Aurelia Babb, although for much of her life she was also known as “Belle.” When Arabella was six years old, her father died in an accident in the California Gold Rush, and she returned to Iowa with her mother and older brother, Washington Irving Babb.

Arabella later attended college at Iowa Wesleyan University. She graduated in 1866, the same year as her older brother Washington Irving Babb, whose studies had been interrupted by his enlistment during the Civil War. Arabella was the valedictorian and her brother was the salutatorian.

Page showing Arabella and her brother’s senior class listed in the Iowa Wesleyan Academic Catalog of 1865-66. Courtesy of Iowa Wesleyan University

 Her brother went into a career in law and became a partner in the new firm Ambler & Babb. Arabella read law as an apprentice in her brother’s office, and kept up her study after marrying John Mansfield, another Iowa Wesleyan graduate.

Passing the Bar

The law excluding Arabella Mansfield from admission to the bar was Iowa Code of 1851, Section 1610. Source: the Iowa Legislature Archives

Arabella Mansfield passed the bar on June 15, 1869. She had to argue her case to be admitted to the bar association, since the law on the books described “any white male citizen” as eligible to be a lawyer. Belle convinced a judge that there was nothing in that law forbidding a woman to be a lawyer. She won the right to be a woman lawyer. She also won the admiration of her bar examiners, quoted below:

 Your committee takes unusual pleasure in recommending the admission of Mrs. Mansfield, not only because she is the first lady who has applied for this authority in the state, but because in her examination she has given the very best rebuke possible to the imputation that ladies cannot qualify for the practice of law.

ABA Journal Gallery - 13 Pioneering Women in American Law

The next year, in March, 1870, the law was revised to remove the words “white male.”

Career and Legacy

Arabella Mansfield never practiced law, but enjoyed a successful career in academia, on the faculty of Iowa Wesleyan and DePauw University, as well as lecturing extensively. She was involved in many causes, including women’s suffrage. In her lifetime, she was recognized with honorary membership in the National League of Women Lawyers and honorary membership to the Delta Chi fraternity (for male law students) at DePauw. After her death in 1911, her legacy continues to inspire modern generations. The National Association of Women Lawyers named an award in her honor. She paved the way for many other women lawyers that followed.

Sources and Further Reading:

*Note: Margaret Brent, who appeared before the court in the American colonies during the 1600s, has also been called America’s first woman lawyer. Read more about Margaret Brent’s life and achievements on In Custodia Legis from the Law Library of Congress.