SHAW

8 definitions found across Law Mind sources

SHAWAuthored
The Law Mind • 1047 words
Definition
1. (Old English land law) A wood or small grove forming part of a landed estate or manor. Shaw denotes a tract of woodland, typically of modest size, recognized as a distinct category of real property in early English law. The term appears in descriptions of tenements and manorial surveys where the composition of an estate — arable land, meadow, pasture, and shaw — was enumerated to establish the nature and extent of a grant or holding. 2. (Constitutional law, U.S.) Shaw refers principally to the landmark U.S. Supreme Court decision Shaw v. Reno (1993), which established that a congressional redistricting plan that is so irregular in shape that it can be understood only as an effort to separate voters by race may be challenged under the Equal Protection Clause of the Fourteenth Amendment. In this context, "Shaw" functions as a doctrinal shorthand for the racial gerrymandering cause of action and the predominant factor test that governs it. A district is unconstitutional under Shaw when race was the predominant, overriding consideration in drawing its boundaries, even if the purpose was to increase minority representation. ---
Common Language
Modern common usage (Wiktionary): An English topographic surname for someone who lived near a small wood or copse; also a placename in England. Historical common usage (Webster's 1913): "A thicket; a small wood or grove." Listed as obsolete or provincial in 19th-century English, surviving in Scottish dialect and in older literary usage (Chaucer, Burns). The common and legal meanings share a root — both the surname and the archaic land-law term derive from the same word for a woodland thicket. In legal research, however, "Shaw" almost never appears as a land description in modern practice; it surfaces either in historical conveyancing documents or, far more prominently, as constitutional doctrine shorthand. A researcher encountering "Shaw" in a modern brief or law review article should assume the constitutional meaning unless the context is unmistakably historical. ---
Common Confusion
Shaw is sometimes conflated with Miller v. Johnson (1995), which applied and refined the Shaw predominant factor test. The two cases are doctrinally linked but distinct: Shaw established the cause of action and the cognizability of racial gerrymandering claims; Miller clarified that bizarreness of shape is not a threshold requirement and articulated the predominant factor standard with greater precision. Citing Shaw for propositions that Miller actually established — or vice versa — is a common research error. Additionally, Shaw v. Reno (Shaw I) should not be confused with Shaw v. Hunt (1996) (Shaw II), the follow-on case that addressed the merits of the specific North Carolina district on remand. ---
Why It Matters in Research
For researchers working in the Law Mind corpus, "shaw" as an Old English land term is primarily a historical curiosity. It appears in treatises on real property, manorial law, and conveyancing from the medieval period through the early modern era. Coke's commentary in Co. Litt. 4b (cited by all three source dictionaries) is the anchor reference; any historical source describing the components of an English estate may use the term alongside "copse," "coppice," or "spinney" as rough equivalents. The constitutionally significant use dominates modern research. The Shaw doctrine sits at the intersection of voting rights law, equal protection analysis, and the Voting Rights Act of 1965. Researchers navigating redistricting cases must track the Shaw line carefully: Shaw v. Reno (1993) opened the door; Miller v. Johnson (1995) walked through it; Shaw v. Hunt (1996) and Bush v. Vera (1996) applied the standard to specific states; Hunt v. Cromartie (2001) later narrowed it. The doctrine's relationship to Section 2 of the Voting Rights Act — where compliance with federal law may require race-conscious districting — creates a persistent tension that generates ongoing litigation and scholarship. Historical sources in the Law Mind corpus will not address the constitutional meaning; that usage postdates all three source dictionaries entirely. Researchers should treat the historical dictionary entries as confined to the land-law definition and consult the Encyclopedia entry for constitutional doctrine. The Burrill's entry is notably garbled, appending unrelated material about "shawls" as wearing apparel and sheriff's duties — almost certainly a typesetting or OCR error in the source. Researchers should disregard that passage as irrelevant to the shaw land-law definition. ---
Historical Dictionary Support
All three source dictionaries agree on the land-law definition: shaw means a wood, citing Co. Litt. 4b as authority. Black's (1st and 2nd editions) and Burrill's are consistent and brief. No dictionary offers elaboration on the size, legal character, or conveyancing treatment of a shaw beyond the bare definition. This reflects the term's marginal status even in historical legal usage — it was a descriptive term of estate inventory rather than a term of art with distinct legal consequences. Burrill's entry is the most expansive but is compromised by what appears to be significant textual corruption in the digitized version, interpolating unrelated material on tariff classification of shawls and sheriffs' duties into the shaw entry. Researchers should treat the Burrill's entry with caution and rely on Co. Litt. directly for the authoritative historical source. Webster's 1913 confirms that by the 19th century the word was already archaic in standard English, surviving in Scottish dialect and literary quotation. This aligns with its disappearance from modern legal usage as a land description. ---
Jurisdictional Note
The land-law definition is exclusively a historical English law term; it has no operative role in any current U.S. or Commonwealth jurisdiction. The constitutional doctrine of Shaw applies in U.S. federal courts and to state redistricting plans that trigger equal protection scrutiny; it has no direct equivalent in other common law systems. ---
Encyclopedia Cross-Reference
Racial Gerrymandering — Shaw v. Reno and the Predominant Factor Test (The Law Mind Constitutional Law Encyclopedia) ---
Related Terms
Copse; Coppice; Spinney; Wood (real propertyhistorical) — near-synonyms in historical English land description Racial Gerrymandering; Equal Protection Clause; Predominant Factor Test; Voting Rights Act; Redistricting; Shaw v. Reno; Shaw v. Hunt; Miller v. Johnson — constitutional law cluster Bizarreness Standard; Strict Scrutiny; Compelling Governmental Interest — doctrinal elements of the Shaw equal protection analysis
SHAWmain
Black's Law Dictionary • 1891
In old English law. A wood. Co. Litt. 46.
SHAWmain
Black's Law Dictionary (2nd Ed.) • 1910
Co. Litt. 40. In old English law. <A_ wood.
SHAWmain
Burrill's Law Dictionary • 1870
Co. Litt. 4 b. In old English law. A wood. "SHAWLS," decided by the Supreme Court of the United States to be "wearing apparel," within schedule C. of the tariff all process issuing out of the superior courts, and in this respect is considered as an officer of these courts. And as the Queen's bailiff, it is his business to preserve her rights within his bailiwick. See Id. 343344. Hale's Anal. sect. xii. Sewell's Law of Sheriff, 7-12. In the United States, the powers and duties of the sheriff, in addition to those of conservator of the peace, are chiefly ministerial, he being the officer to whom the process of the superior courts in the several states is always directed for execution. In the commencement of civil causes, he serves the writ, and in cases requiring it, arrests and takes bail; when the cause comes to trial, he summons and returns the jury; and when it is determined he sees the judgment of the court carried into execution. In criminal matters, he also arrests and imprisons, he returns the jury, he has the custody of the delinquent, and he executes the sentence of the court, though it extend to death itself. See 1 Bl. Com. 344. His judicial powers are much more limited than in England, being chiefly confined to the taking of inquisitions on writs of inquiry of damages, before a jury summoned for the purpose. See Writ of inquiry. act of 1846. 16 Howard's R. 251. In The derivation of the word sheriff, from this case, the meaning of the word shawl underwent an elaborate discussion, and the doctrine was laid down that the popular or received import of words furnishes the general rule for the interpretation of public laws, as well as of private and social transactions. Id. ibid. See opinion of Daniel, J. Id. 256. "SHEET," held to be "a book," within the meaning of the English copyright act. 8 Ann. c. 19. 11 East, 244. the Sax. scyre-gerefa, or scyre-refa, sufficiently attests the high antiquity of the office. The sheriff was, in the Saxon times, the reeve or bailiff of the shire, and during the Anglo-Norman period, acted as the deputy of the count or earl, (comes,) who had the government of the county. Hence his title, in law Latin, of vice-comes, (q. v.) and in law French, viscount, (q. v.) that is, count's or earl's deputy. The Saxon scyregerefa, or scyre-refa, gradually became the English shyre-greve, shire-greeve, shire-reeve and schireve, still further contracted to shireve and shrieve, and finally softened to shyrefe, which was the form of the word in Camden's time. Camd. Brit. 104. Shiriff is a form used in old records, which by the change of a single letter has become the modern sheriff. Blount treats of the word under the forms shirif, or shiref; Cowell, under shireve. Skene, the Scotch expositor, uses schireff.
SHAWn.
Websters Unabridged Dictionary (1913) • 1913
A thicket; a small wood or grove. [Obs. or Prov.Eng. & Scot.] Burns. Gaillard he was as goldfinch in the shaw. Chaucer. The green shaws, the merry green woods. Howitt. The leaves and tops of vegetables, as of potatoes, turnips, etc. [Scot.] Jamieson.
Shawname
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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An English topographic surname for someone who lived by a small wood or copse. | A placename | A place in England, United Kingdom: | A village in Shaw cum Donnington parish and Newbury parish, West Berkshire district, Berkshire (OS red ref SU4868). | A placename | A place in England, United Kingdom: | A town in Shaw and Crompton parish, Oldham borough, Greater Manchester (OS grid ref SD9308). | A placename | A place in England, United Kingdom: | A hamlet in Oxenhope parish, City of Bradford, West Yorkshire (OS grid ref SE0234). | A placename | A place in England, United Kingdom: | A village in Melksham Without parish, Wiltshire (OS grid ref ST8865). | A placename | A place in England, United Kingdom: | A suburb and ward in west Swindon, Wiltshire (OS grid ref SU1185). | A placename | A place in the United States: | An unincorporated community in Neosho County, Kansas, United States. | A placename | A place in the United States: | A small city in Bolivar County and Sunflower County, Mississippi, United States. | A placename | A place in the United States: | A neighbourhood of Washington, D.C., United States. | A placename | A place in the United States: | A neighbourhood of St. Louis, Missouri.
shawnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A thicket; a small wood or grove. | The leaves and tops of vegetables, especially potatoes and turnips.
shawintj
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A kind of battle cry or warning. | Censored spelling of shit.

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