Embattled Bench
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Embattled Bench
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Author : Gail Stuart Rowe
language : en
Publisher: University of Delaware Press
Release Date : 1994
Embattled Bench written by Gail Stuart Rowe and has been published by University of Delaware Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
"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
The Supreme Court Of Pennsylvania
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Author : John J. Hare
language : en
Publisher: Penn State Press
Release Date : 2018-01-25
The Supreme Court Of Pennsylvania written by John J. Hare and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-25 with Law categories.
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.
Suspected Of Independence
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Author : David McKean
language : en
Publisher: PublicAffairs
Release Date : 2016-05-10
Suspected Of Independence written by David McKean and has been published by PublicAffairs this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-10 with History categories.
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.
The Complete Writings And Selected Correspondence Of John Dickinson
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Author : John Dickinson
language : en
Publisher: University of Virginia Press
Release Date : 2020-06-10
The Complete Writings And Selected Correspondence Of John Dickinson written by John Dickinson and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-10 with History categories.
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
The Common Law In Colonial America
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Author : William Edward Nelson
language : en
Publisher:
Release Date : 2012
The Common Law In Colonial America written by William Edward Nelson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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.
The Common Law In Colonial America
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Author : William E. Nelson
language : en
Publisher: Oxford University Press
Release Date : 2012-12-01
The Common Law In Colonial America written by William E. Nelson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-01 with Law categories.
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.
The Trial Of Frederick Eberle
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Author : Friederike Baer
language : en
Publisher: NYU Press
Release Date : 2008-05-10
The Trial Of Frederick Eberle written by Friederike Baer and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05-10 with History categories.
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
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Author : John R. Vile
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2003-06-23
Great American Judges 2 Volumes written by John R. Vile and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-06-23 with Law categories.
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.
Conceived In Crisis
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Author : Christopher R. Pearl
language : en
Publisher: University of Virginia Press
Release Date : 2020-08-06
Conceived In Crisis written by Christopher R. Pearl and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-06 with History categories.
Conceived in Crisis argues that the American Revolution was not just the product of the Imperial Crisis, brought on by Parliament’s attempt to impose a new idea of empire on the American colonies. To an equal or greater degree, it was a response to the inability of individual colonial governments to deliver basic services, which undermined their legitimacy. Factional bickering over policy, violent extralegal regulations, and the dreadful experiences of conducting an imperial war while governing a demographically growing and geographically expanding population all led colonists and imperial officials to consider reforming the colonial governments into more powerful and coercive entities. Using Pennsylvania as a case study, Christopher Pearl demonstrates how this history of ineffective colonial governance precipitated a process of state formation that was accelerated by the demands of the Revolutionary War. The powerful state governments that resulted dominated the lives of ordinary people well into the nineteenth century. Conceived in Crisis makes sense of the trajectory from weak colonial to strong revolutionary states, and in so doing explains the limited success of efforts to consolidate state power at the national level during the early Republican period.
The Trials Of Allegiance
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Author : Carlton F.W. Larson
language : en
Publisher: Oxford University Press
Release Date : 2019-08-30
The Trials Of Allegiance written by Carlton F.W. Larson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-30 with History categories.
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.