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Author: Gail Stuart Rowe
Publisher: University of Delaware Press
ISBN: 9780874135268
Category : Law
Languages : en
Pages : 382
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Book Description
"This work is the first intensive, scholarly study of the early Pennsylvania Supreme Court. Moreover, it is the first investigation of an early American court from the perspective of broad developments within early society. As such it provides the first serious look at a judicial institution shaping the community within which it functioned and being shaped in turn by forces and developments within that society. The book traces the evolution of the personnel, proceedings, and language of the Pennsylvania high court from its founding in May 1684 to its restructuring under the judicial reforms of 1809." "Rowe thoroughly demonstrates an important change in the court's institutional focus during the American Revolution when the court exhibited both an enhanced interest in the outcome of government prosecutions and a greater concern for the rights of individuals facing criminal charges. The growth of the court's powers are traced as are its accomplishments over time, especially after 1778. Also demonstrated is the process by which the court challenged the executive and legislative branches for authority within the state. Accordingly, the work describes the court's move toward the exercise of judicial review prior to Marshall's landmark Marbury v. Madison (1803) ruling and the course by which the high bench came to be viewed by many as an aristocratic forum, a menace and a barrier to the growth of democracy in Pennsylvania. Rowe examines the steps taken by popular forces in the early nineteenth century to diminish the court's impact and influence, as well as the attempts to remove or intimidate the court's judges." "The importance of this work lies in its evaluation of the court's impact on early Pennsylvanians, white and nonwhite, free and unfree, male and female, young and old, rich and poor. Also documented are the changing role of the court in politics and the evolution of the court's personnel toward greater professionalism. Finally, this book carefully traces the mounting conflict centering on the court as its values and practices increasingly came into conflict with the democratic forces, aspirations, and developments within the state."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: Gail Stuart Rowe
Publisher: University of Delaware Press
ISBN: 9780874135268
Category : Law
Languages : en
Pages : 382
Get Book
Book Description
"This work is the first intensive, scholarly study of the early Pennsylvania Supreme Court. Moreover, it is the first investigation of an early American court from the perspective of broad developments within early society. As such it provides the first serious look at a judicial institution shaping the community within which it functioned and being shaped in turn by forces and developments within that society. The book traces the evolution of the personnel, proceedings, and language of the Pennsylvania high court from its founding in May 1684 to its restructuring under the judicial reforms of 1809." "Rowe thoroughly demonstrates an important change in the court's institutional focus during the American Revolution when the court exhibited both an enhanced interest in the outcome of government prosecutions and a greater concern for the rights of individuals facing criminal charges. The growth of the court's powers are traced as are its accomplishments over time, especially after 1778. Also demonstrated is the process by which the court challenged the executive and legislative branches for authority within the state. Accordingly, the work describes the court's move toward the exercise of judicial review prior to Marshall's landmark Marbury v. Madison (1803) ruling and the course by which the high bench came to be viewed by many as an aristocratic forum, a menace and a barrier to the growth of democracy in Pennsylvania. Rowe examines the steps taken by popular forces in the early nineteenth century to diminish the court's impact and influence, as well as the attempts to remove or intimidate the court's judges." "The importance of this work lies in its evaluation of the court's impact on early Pennsylvanians, white and nonwhite, free and unfree, male and female, young and old, rich and poor. Also documented are the changing role of the court in politics and the evolution of the court's personnel toward greater professionalism. Finally, this book carefully traces the mounting conflict centering on the court as its values and practices increasingly came into conflict with the democratic forces, aspirations, and developments within the state."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: John J. Hare
Publisher: Penn State Press
ISBN: 027108197X
Category : Law
Languages : en
Pages : 367
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Book Description
Established in 1684, over a century before the Commonwealth, Pennsylvania’s Supreme Court is the oldest appellate court in North America. This balanced, comprehensive history of the Court examines over three centuries of legal proceedings and cases before the body, the controversies and conflicts with which it dealt, and the impact of its decisions and of the case law its justices created Introduced by constitutional scholar Ken Gormley, this volume describes the Supreme Court’s structure and powers and focuses at length on the Court’s work in deciding notable cases of constitutional law, civil rights, torts, criminal law, labor law, and administrative law. Through three sections, “The Structure and Powers of the Supreme Court,” “Decisional Law of the Supreme Court,” and “Reporting Supreme Court Decisions,” the contributors address the many ways in which the Court and its justices have shaped life and law in Pennsylvania and beyond. They consider how it has adjudicated new and complex issues arising from some of the most notable events and tragedies in American history, including the struggle for religious liberty in colonial Pennsylvania, the Revolutionary War, slavery, the Johnstown Flood, the Homestead Steel Strike and other labor conflicts, both World Wars, and, more recently, the dramatic rise of criminal procedural rights and the expansion of tort law. Featuring an afterword by Chief Justice Saylor and essays by leading jurists, deans, law and history professors, and practicing attorneys, this fair-minded assessment of the Court is destined to become a criterion volume for lawmakers, scholars, and anyone interested in legal history in the Keystone State and the United States.
Author: David McKean
Publisher: PublicAffairs
ISBN: 1610392221
Category : History
Languages : en
Pages : 320
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Book Description
The Founding Fathers, mythologized for their fervor for and dedication to democratic principles, were as heavily mired in partisanship, plagued by petty infighting, and driven by personal gain as, arguably, the most notorious members of today's Congress. In fact, David McKean reveals in this brilliant panoramic history that today's muddled political system is heavily indebted to a tradition begun from the outset, and perhaps to no one more so than Thomas McKean. Thomas McKean was America's first political operator—a man who installed himself at the center of every major political event of his time. In an extraordinary career that spanned almost half a century, McKean represented Pennsylvania and Delaware to the Stamp Act Congress and both Continental Congresses, and was instrumental in the creation of both the Articles of Confederation and the Constitution. He was one of the first to lobby for independence from British rule, the last to sign the Declaration of Independence, and was briefly the second President of Congress while George Washington was away. For twenty-two years, he served as chief justice of the Pennsylvania Supreme Court, during which time his rulings would set the precedent for what was to become the American legal system. He was elected Governor of Pennsylvania three times, during which time he fostered a tradition of partisanship in his government. Although lesser known than his friends at different times—John Adams, George Washington, and Thomas Jefferson—McKean was among the most prominent of the Founding Fathers, and the only one to serve in all three branches of government. But McKean was also a difficult, arrogant man whose political beliefs seemed to his adversaries to be expediently flexible. In the 1770s, when the bulk of McKean's constituency in Pennsylvania consisted of radical farmers and artisans who favored political participation regardless of property ownership and independence—and so McKean did too. It was on this platform he quickly rose to become a populist leader with mass appeal. As political parties began to emerge in the decades following independence, Thomas McKean, like many others, grew increasingly partisan, and fervently believed that political loyalty should play as important a role as competence in both the selection and removal of public servants. John Adams wrote that the early Founding Father, his colleague in the Continental Congress, was the one of the few “to see more clearly to the end of the business than any others in the whole body.” by a quintessential DC insider, and inheritor to Thomas McKean's aptitude for nimble politicking, The Revolutionary Life of Thomas McKean offers a complex historical biography of a man who had an invaluable impact on the nature of governance in this country for centuries.
Author: John McNelis O'Keefe
Publisher: Cornell University Press
ISBN: 1501756168
Category : Political Science
Languages : en
Pages : 223
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Book Description
Stranger Citizens examines how foreign migrants who resided in the United States gave shape to citizenship in the decades after American independence in 1783. During this formative time, lawmakers attempted to shape citizenship and the place of immigrants in the new nation, while granting the national government new powers such as deportation. John McNelis O'Keefe argues that despite the challenges of public and official hostility that they faced in the late 1700s and early 1800s, migrant groups worked through lobbying, engagement with government officials, and public protest to create forms of citizenship that worked for them. This push was made not only by white men immigrating from Europe; immigrants of color were able to secure footholds of rights and citizenship, while migrant women asserted legal independence, challenging traditional notions of women's subordination. Stranger Citizens emphasizes the making of citizenship from the perspectives of migrants themselves, and demonstrates the rich varieties and understandings of citizenship and personhood exercised by foreign migrants and refugees. O'Keefe boldly reverses the top-down model wherein citizenship was constructed only by political leaders and the courts. Thanks to generous funding from the Sustainable History Monograph Pilot and the Mellon Foundation the ebook editions of this book are available as Open Access (OA) volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other Open Access repositories.
Author: John Phillip Reid
Publisher: Cornell University Press
ISBN: 1609090543
Category : History
Languages : en
Pages : 268
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Book Description
John Phillip Reid is one of the most highly regarded historians of law as it was practiced on the state level in the nascent United States. He is not just the recipient of numerous honors for his scholarship but the type of historian after whom such accolades are named: the John Phillip Reid Award is given annually by the American Society for Legal History to the author of the best book by a mid-career or senior scholar. Legitimating the Law is the third installment in a trilogy of books by Reid that seek to extend our knowledge about the judicial history of the early republic by recounting the development of courts, laws, and legal theory in New Hampshire. Here Reid turns his eye toward the professionalization of law and the legitimization of legal practices in the Granite State—customs and codes of professional conduct that would form the basis of judiciaries in other states and that remain the cornerstone of our legal system to this day throughout the US. Legitimating the Law chronicles the struggle by which lawyers and torchbearers of strong, centralized government sought to bring standards of competence to New Hampshire through the professionalization of the bench and the bar—ambitions that were fought vigorously by both Jeffersonian legislators and anti-Federalists in the private sector alike, but ultimately to no avail.
Author: John Dickinson
Publisher: University of Virginia Press
ISBN: 1644531844
Category : History
Languages : en
Pages : 437
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Book Description
The Complete Writings and Selected Correspondence of John Dickinson, vol. 1 inaugurates a multivolume documentary edition that will, for the first time ever, provide the complete collection of everything Dickinson published on public affairs over the course of his life. The documents include essays, articles, broadsides, resolutions, petitions, declarations, constitutions, regulations, legislation, proclamations, songs and odes. Among them are many of the seminal state papers produced by the first national congresses and conventions. Also included are correspondences between Dickinson and some of the key figures of his era. This edition should raise Dickinson to his rightful place among America’s founding fathers, rivaled in reputation only by Benjamin Franklin before 1776. Dickinson was celebrated throughout the colonies, as well as in England and France, as the great American spokesman for liberty, and the documents in this edition evidence his tireless political work and unmatched corpus. Distributed for the University of Delaware Press
Author: William Edward Nelson
Publisher:
ISBN: 0199937753
Category : Law
Languages : en
Pages : 236
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Book Description
William E. Nelson's first volume of the four-volume The Common Law of Colonial America (2008) established a new benchmark for study of colonial era legal history. Drawing from both a rich archival base and existing scholarship on the topic, the first volume demonstrated how the legal systems of Britain's thirteen North American colonies-each of which had unique economies, political structures, and religious institutions -slowly converged into a common law order that differed substantially from English common law. The first volume focused on how the legal systems of the Chesapeake colonies--Virginia and Maryland--contrasted with those of the New England colonies and traced these dissimilarities from the initial settlement of America until approximately 1660. In this new volume, Nelson brings the discussion forward, covering the years from 1660, which saw the Restoration of the British monarchy, to 1730. In particular, he analyzes the impact that an increasingly powerful British government had on the evolution of the common law in the New World. As the reach of the Crown extended, Britain imposed far more restrictions than before on the new colonies it had chartered in the Carolinas and the middle Atlantic region. The government's intent was to ensure that colonies' laws would align more tightly with British law. Nelson examines how the newfound coherence in British colonial policy led these new colonies to develop common law systems that corresponded more closely with one another, eliminating much of the variation that socio-economic differences had created in the earliest colonies. As this volume reveals, these trends in governance ultimately resulted in a tension between top-down pressures from Britain for a more uniform system of laws and bottom-up pressures from colonists to develop their own common law norms and preserve their own distinctive societies. Authoritative and deeply researched, the volumes in The Common Law of Colonial America will become the foundational resource for anyone interested the history of American law before the Revolution.
Author: William E. Nelson
Publisher: Oxford University Press
ISBN: 0199937761
Category : Law
Languages : en
Pages : 240
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Book Description
William E. Nelson's first volume of the four-volume The Common Law of Colonial America (2008) established a new benchmark for study of colonial era legal history. Drawing from both a rich archival base and existing scholarship on the topic, the first volume demonstrated how the legal systems of Britain's thirteen North American colonies-each of which had unique economies, political structures, and religious institutions -slowly converged into a common law order that differed substantially from English common law. The first volume focused on how the legal systems of the Chesapeake colonies--Virginia and Maryland--contrasted with those of the New England colonies and traced these dissimilarities from the initial settlement of America until approximately 1660. In this new volume, Nelson brings the discussion forward, covering the years from 1660, which saw the Restoration of the British monarchy, to 1730. In particular, he analyzes the impact that an increasingly powerful British government had on the evolution of the common law in the New World. As the reach of the Crown extended, Britain imposed far more restrictions than before on the new colonies it had chartered in the Carolinas and the middle Atlantic region. The government's intent was to ensure that colonies' laws would align more tightly with British law. Nelson examines how the newfound coherence in British colonial policy led these new colonies to develop common law systems that corresponded more closely with one another, eliminating much of the variation that socio-economic differences had created in the earliest colonies. As this volume reveals, these trends in governance ultimately resulted in a tension between top-down pressures from Britain for a more uniform system of laws and bottom-up pressures from colonists to develop their own common law norms and preserve their own distinctive societies. Authoritative and deeply researched, the volumes in The Common Law of Colonial America will become the foundational resource for anyone interested the history of American law before the Revolution.
Author: Friederike Baer
Publisher: NYU Press
ISBN: 0814791182
Category : History
Languages : en
Pages : 288
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Book Description
In the summer of 1816, the state of Pennsylvania tried fifty-nine German-Americans on charges of conspiracy and rioting. The accused had, according to the indictment, conspired to prevent with physical force the introduction of the English language into the largest German church in North America, Philadelphia’s Lutheran congregation of St. Michael’s and Zion. The trial marked the climax of an increasingly violent conflict over language choice in Philadelphia’s German community, with members bitterly divided into those who favored the exclusive use of German in their church, and those who preferred occasional services in English. At trial, witnesses, lawyers, defendants, and the judge explicitly linked language to class, citizenship, patriotism, religion, and violence. Mining many previously unexamined sources, including German-language writings, witness testimonies, and the opinions of prominent legal professionals, Friederike Baer uses legal conflict as a prism through which to explore the significance of language in the early American republic. The Trial of Frederick Eberle reminds us that debates over language have always been about far more than just language. Baer demonstrates that the 1816 trial was not a battle between Americans and immigrants, or German-speakers and English-speakers. Instead, the individuals involved in the case seized and exploited English and German as powerful symbols of competing cultural, economic, and social interests.
![Great American Judges [2 volumes] PDF](https://books.google.com/books/content/images/frontcover/skTPEAAAQBAJ?fife=w80-h100)
Author: John R. Vile
Publisher: Bloomsbury Publishing USA
ISBN: 1576079902
Category : Law
Languages : en
Pages : 1031
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Book Description
Inspiring and instructive biographies of the 100 most influential judges from state and federal courts in one easy-to-access volume. Great American Judges profiles 100 outstanding judges and justices in a full sweep of U.S. history. Chosen by lawyers, historians, and political scientists, these men and women laid the foundation of U.S. law. A complement to Great American Lawyers, together these two volumes create a complete picture of our nation's top legal minds from colonial times to today. Following an introduction on the role of judges in American history are A–Z biographical entries portraying this diverse group from extraordinarily different backgrounds. Students and history enthusiasts will appreciate the accomplishments of these role models and the connections between their inspiring lives and their far-reaching legal decisions. William Rehnquist, Oliver Wendell Holmes, Jr., and 12 other Supreme Court justices are found alongside federal judges like Skelly Wright, who ordered school desegregation in 1960. Influential state judges such as Rose Elizabeth Bird, California's first woman Supreme Court Chief Justice, are also featured.
