Ian’s Legal Fact of the Week 9/30/13: The Castle Doctrine and ‘Stand Your Ground’ Laws

The George Zimmerman case shone a spotlight on Florida’s ‘stand your ground’ law, an extension of the “castle doctrine” which is an ancient common law concept that a homeowner has no duty to retreat when threatened within his or her home by a third party. The … Continue reading

Ian’s Legal Fact of the Week 9/16/13: The Crime of Arson

Under the common law, originally there were only two felonies related to injuries to a home. The first was the criminal invasion of a home, or burglary (originally known as “house breach”), while the more serious of the two involved … Continue reading

Ian’s Legal Fact of the Week 9/9/13: The ‘Public Benefit’ Corporation

In addition to the standard for-profit and limited-liability model of the traditional corporation, other variants exist. A public-benefit corporation is state-chartered and designed  to perform some public benefit, such as the MBTA and Massachusetts Turnpike Authority. A B Corporation is a corporation … Continue reading

Organ Donor Trusts and Durable Powers of Attorney for Organ Donation: New Twists on the Living Trust and Living Will

My first legal publication, written as a student note for the Probate Law Journal in 1995, this article discussed two theoretical vehicles for promoting organ donation: the creation of a inter vivos organ trust, modeled after a pour-over trust or … Continue reading

‘So Foul A Deed’: Infanticide in Montreal, 1825-1850

From the introduction to the issue: “Our final article, by Ian Pilarczyk, examines the phenomemon of infanticide and the legal responses to [it] in Montreal from 1825 to 1850, a period marked by significant economic, social, political, and legal flux. … Continue reading

What is constitutional autochthony?

I was recently asked a very interesting question, somewhat related to legal history: namely, what is constitutional autochthony? ‘Autochthony’ is a word that rarely surfaces in everyday English, but it is a synonym for ‘native’ or ‘indigenous’. It is most … Continue reading

Welcome to IanCPilarczyk.com

Hello, and welcome to my legal history blog! The purpose of this website is, most simply, to explore legal history topics of interest as they arise in the news, or as they come to mind, or merely based on serendipity. It … Continue reading