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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: John J. Hare
Publisher: Penn State Press
ISBN: 027108197X
Category : Law
Languages : en
Pages : 367
Get Book Here
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: Carlton F.W. Larson
Publisher: Oxford University Press
ISBN: 0190932759
Category : History
Languages : en
Pages : 425
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Book Description
The Trials of Allegiance examines the law of treason during the American Revolution: a convulsive, violent civil war in which nearly everyone could be considered a traitor, either to Great Britain or to America. Drawing from extensive archival research in Pennsylvania, one of the main centers of the revolution, Carlton Larson provides the most comprehensive analysis yet of the treason prosecutions brought by Americans against British adherents: through committees of safety, military tribunals, and ordinary criminal trials. Although popular rhetoric against traitors was pervasive in Pennsylvania, jurors consistently viewed treason defendants not as incorrigibly evil, but as fellow Americans who had made a political mistake. This book explains the repeated and violently controversial pattern of acquittals. Juries were carefully selected in ways that benefited the defendants, and jurors refused to accept the death penalty as an appropriate punishment for treason. The American Revolution, unlike many others, would not be enforced with the gallows. More broadly, Larson explores how the Revolution's treason trials shaped American national identity and perceptions of national allegiance. He concludes with the adoption of the Treason Clause of the United States Constitution, which was immediately put to use in the early 1790s in response to the Whiskey Rebellion and Fries's Rebellion. In taking a fresh look at these formative events, The Trials of Allegiance reframes how we think about treason in American history, up to and including the present.
Author: David McKean
Publisher: PublicAffairs
ISBN: 1610392221
Category : History
Languages : en
Pages : 322
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Book Description
The last signatory to the Declaration of Independence was one of the earliest to sign up for the Revolution: Thomas McKean lived a radical, boisterous, politically intriguing life and was one of the most influential and enduring of America's Founding Fathers. Present at almost all of the signature moments on the road to American nationhood, from the first Continental Congress onward, Thomas McKean was a colonel in the Continental Army; president of the Continental Congress; governor of Pennsylvania; and, perhaps most importantly, chief justice of the new country's most influential state, Pennsylvania, a foundational influence on American law. His life uniquely intersected with the many centers of power in the still-formative country during its most vulnerable years, and shows the degree of uncertainty that characterized newly independent America, unsure of its future or its identity. Thomas McKean knew intimately not only the heroic figures of the Revolutionary era -- George Washington, John Adams, Thomas Jefferson, and Benjamin Franklin -- but also the fascinating characters who fought over the political identity of the new country, such as Caesar Rodney, Francis Hopkinson, and Alexander Dallas. His life reminds us that America's creation was fraught with dangers and strife, backstabbing and bar-brawling, courage and stubbornness. McKean's was an epic ride during utterly momentous times.
Author: Christine Daniels
Publisher: Routledge
ISBN: 1135250162
Category : History
Languages : en
Pages : 305
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Book Description
Over the Threshold is the first in-depth work to explore the topic of intimate violence in the American colonies and the early Republic. The essays examine domestic violence in both urban and frontier environments, between husbands and wives, parents and children, and masters and slaves. This compelling collection puts commonly held notions about intimate violence under strict historical scrutiny, often producing surprising results.
Author: Howard W. Allen
Publisher: State University of New York Press
ISBN: 0791478343
Category : History
Languages : en
Pages : 256
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Book Description
Examines both the legal and illegal uses of the death penalty in American history.
Author: Andrew Fede
Publisher: University of Georgia Press
ISBN: 0820351121
Category : Biography & Autobiography
Languages : en
Pages : 362
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Book Description
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners' families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con-sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.
Author: Donald Grier Stephenson Jr.
Publisher: Taylor & Francis
ISBN: 1040116620
Category : Political Science
Languages : en
Pages : 1274
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Book Description
This book is a collection of comprehensive background essays coupled with carefully edited Supreme Court case excerpts designed to explore constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, the book endeavors to heighten students’ understanding of this critical part of the American political system. NEW TO THE 19th EDITION • An account of the recent Supreme Court transitions, including the Biden Court commission, the appointment of Ketanji Brown Jackson, and the heightened political and ethical difficulties facing the Court. • Five new cases carefully edited and excerpted, including Minor v. Happersett (1875) on gender and voting rights, Trump v. Anderson (2024) on access to the ballot, Carson v. Makin (2022) on religious freedom, New York Rifle & Pistol Assn. v. Bruen (2023) on Second Amendment rights, Dobbs v. Jackson Women’s Health Organization (2023) on abortion rights, and Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, together with Students for Fair Admissions, Inc. v. University of North Carolina on affirmative action. • Twenty-one new cases discussed in chapter essays. • Tips on reading a Supreme Court decision remains as a box in Chapter One.
Author: Sally E. Hadden
Publisher: John Wiley & Sons
ISBN: 1118533771
Category : Law
Languages : en
Pages : 668
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Book Description
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
Author: Jack Brubaker
Publisher: Arcadia Publishing
ISBN: 161423275X
Category : True Crime
Languages : en
Pages : 165
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Book Description
A gripping account of how a vigilante mob of Pennsylvania frontiersmen butchered a Native American tribe—and got away with it. On two chilly December days in 1763, bands of armed men raged through camps of peaceful Conestoga Indians. They killed twenty Susquehannock women, children and men, effectively wiping out the tribe. These murderous rampages by Lancaster County’s Paxton Boys were the tragic culmination of a gruesomely violent conflict between European settlers and native tribes. The Paxton Boys then journeyed to Philadelphia, not to evade the law but to confront it. They openly threatened to commit more of the same violence if their demands were not met. In Massacre at the Conestogas, Lancaster journalist Jack Brubaker gives a blow-by-blow account of the massacres, examines their aftermath, and investigates how the Paxton Boys got away with murder.
Author: Friederike Baer
Publisher: NYU Press
ISBN: 0814791182
Category : History
Languages : en
Pages : 421
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Book Description
Winner of the 2011 St. Paul, Biglerville Prize from the Lutheran Historical Society of the Mid-Atlantic 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.
