The Supreme Court of Pennsylvania
eBook - PDF

The Supreme Court of Pennsylvania

Life and Law in the Commonwealth, 1684–2017

  1. English
  2. PDF
  3. Available on iOS & Android
eBook - PDF

The Supreme Court of Pennsylvania

Life and Law in the Commonwealth, 1684–2017

About this book

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.

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Information

Publisher
Penn State University Press
Year
2018
Print ISBN
9780271080116
eBook ISBN
9780271081991
Topic
Law
Subtopic
North American History
Index
Law

Table of contents

  1. COVER front
  2. Copyright Page
  3. Table of Contents
  4. Foreword
  5. Notes to Foreword
  6. Introduction: The History of a Time-Honored Court
  7. Notes to Introduction
  8. Part 1: The Structure and Powers of the Supreme Court
  9. Chapter 1: (S)electing Judges in Pennsylvania
  10. Notes to Chapter 1
  11. Chapter 2: The King's Bench Powers
  12. Notes to Chapter 2
  13. Chapter 3: The Power of Rulemaking
  14. Notes to Chapter 3
  15. Chapter 4: The Supreme Court's Singular Criminal Procedure Work in a Pivotal Era
  16. Notes to Chapter 4
  17. Chapter 5: Supervising and Regulating the Practice of Law
  18. Notes to Chapter 5
  19. Chapter 6: Supervising and Regulating the Judiciary
  20. Notes to Chapter 6
  21. Chapter 7: The Development and Improvement of Pennsylvania's Judicial Computer System
  22. Notes to Chapter 7
  23. Image Gallery
  24. Part 2: Decisional Law of the Supreme Court
  25. Section 1: Constitutional Law and Civil Rights
  26. Chapter 8: The Supreme Court and the Separation of Powers Under the Pennsylvania Constitution
  27. Notes to Chapter 8
  28. Chapter 9: The Supreme Court and Religious Liberty: The Competing Visions of William Penn and Chief Justice John Bannister Gibson
  29. Notes to Chapter 9
  30. Chapter 10: Free Expression Versus Reputation: The Supreme Court's Weighing of Interests
  31. Notes to Chapter 10
  32. Chapter 11: Women on the Court and the Court on Women
  33. Notes to Chapter 11
  34. Chapter 12: Article I, Section 28 of the Pennsylvania Constitution: Prohibiting the Denial or Abridgment of Equality of Rights Because of Sex
  35. Notes to Chapter 12
  36. Chapter 13: The Supreme Court's Enforcement of Antidiscrimination Laws
  37. Notes to Chapter 13
  38. Chapter 14: The Supreme Court and the Contours of State and Federal Power in Revolutionary Pennsylvania
  39. Notes to Chapter 14
  40. Section 2: Tort Law
  41. Chapter 15: The Floodgates of Strict Liability: The Johnstown Flood of 1889, the Supreme Court, and the Rise of Modern American Tort Law
  42. Notes to Chapter 15
  43. Chapter 16: The Supreme Court and Medical Malpractice Law
  44. Notes to Chapter 16
  45. Chapter 17: The Ebb and Flow of the Law: The Supreme Court's Product Liability Jurisprudence
  46. Notes to Chapter 17
  47. Chapter 18: Clash of Titans: The Supreme Court and Product Liability
  48. Notes to Chapter 18
  49. Section 3: Criminal Law
  50. Chapter 19: The 1778-1779 Chester and Philadelphia Treason Trials: The Supreme Court as Trial Court
  51. Notes to Chapter 19
  52. Chapter 20: Slavery and the Supreme Court: High Court Justices and the Problem of Fundamental Justice
  53. Notes to Chapter 20
  54. Chapter 21: When Felons Don't Kill: The Felony Murder Rule in Pennsylvania
  55. Notes to Chapter 21
  56. Section 4: Labor Law and Economic Rights
  57. Chapter 22: The Supreme Court and the Labor Movement
  58. Notes to Chapter 22
  59. Chapter 23: The Homestead Lockout of 1892 and Jurisprudence in Pennsylvania
  60. Notes to Chapter 23
  61. Chapter 24: Defining the Role of the Legislature in Regulating the Economy
  62. Notes to Chapter 24
  63. Section 5: Administrative Law
  64. Chapter 25: The Supreme Court and Administrative Law
  65. Notes to Chapter 25
  66. Afterword
  67. Notes to Afterword
  68. Appendix A: The Reports of the Supreme Court of Pennsylvania
  69. Notes to Appendix A
  70. Appendix B: Historic List of Supreme Court Justices
  71. Index