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A Treatise on Rights and Liberties
SECOND EDITION
PRINCIPAL EDITOR: KEN GORMLEY ASSOCIATE EDITOR: JOY G. MCNALLY 1 Volume, Hardbound, 1060 pages Published: October 2020 Most recent supplement/update: 2024 Supplement published Nov. 2023. Library of Congress Number: 2004101732 ISBN: 978-1-7325640-6-0
Includes book + digital download (link provided at checkout)
The publication of this book is the first in 100 years to provide a comprehensive treatment of the State Constitution's individual rights provisions. Organized to correspond to the 28 provisions of the Declaration of Rights, this title allows the reader to gather the critical material necessary to comply with the protocol set forth in the landmark Commonwealth v. Edmunds decision. The treatise proceeds methodically with a treatment of each of the provisions of the Declaration of Rights, assembling detailed history, hard-to-find caselaw, and related caselaw from other states. This is the one indispensable resource tool that provides judges and practitioners with the relevant material to engage in a thorough, scholarly state constitutional analysis with respect to hundreds of important issues.
This second edition of the book, like the first, is dedicated to current and future generations of lawyers, judges, scholars, teachers and law students who have shaped, and will continue to shape, the jurisprudence captured within the pages of this treatise. By relying upon their wisdom, creativity and good judgment--just as the founders of this remarkable Commonwealth did in an earlier period of history--a new cadre of lawyers and jurists will fashion a body of Pennsylvania Constitutional law that will continue to guide us in decades and centuries to come.
SUMMARY OF CONTENTS
With Chapter Authors
Foreword by Chief Justice of the Supreme Court of Pennsylvania Thomas G. Saylor
Introductory Chapters
1.
Overview of Pennsylvania Constitutional Law — Ken Gormley
2.
State Constitutional Law: The Building Blocks — Ken Gormley
3.
History of the Pennsylvania Constitution — John Gedid
Constitutional Provisions
4.
Inherent Rights of Mankind — Elizabeth Wachsman and Ken Gormley
5.
Political Powers — Harry Witte
6.
Religious Freedom — Gary Gildin
7.
Religion — Gary Gildin
8.
Elections — Amy Elizabeth McCall
9.
Trial by Jury — Honorable Jessica Brewbaker
10.
Protection of Free Expression — Seth Kreimer
11.
Searches and Seizures — David Rudovsky
12.
Rights of Accused in Criminal Prosecutions — Sally Kaye
13.
Initiation of Criminal Proceedings; Twice in Jeopardy; Eminent Domain — Jennifer DiGiovanni, Anthony Kovalchick, Leslie Kozler
14.
Courts to Be Open; Suits Against the Commonwealth — Donald Marritz
15.
The Suspension of Laws — Robert Kravetz
16.
Bail, Fines and Punishments — Bruce Ledewitz
17.
Prisoners to Be Bailable; Habeas Corpus — Rebecca Spangler
18.
Special Criminal Tribunals — Amy Constantine
19.
Debtors May Not be Imprisoned in Absence of Fraud — Robert Kravetz
20.
Ex Post Facto Laws; Impairment of Contracts — Richard Cromer
21.
Prohibition Against Bills of Attainder — Robert Kravetz
22.
No Attainder Shall Work Corruption of Blood — Robert Kravetz
23.
The Rights of Assembly and Petition — Joy McNally
24.
The Right to Bear Arms — Jeffrey Bauman
25.
Prohibition of Standing Armies; Military Subordinate to Civilian Power — Robert Kravetz
26.
No Quartering of Troops — Robert Kravetz
27.
Titles of Nobility — Robert Kravetz
28.
Declaration of Rights Excepted Out of General Powers of Government — Robert Kravetz
29.
No Discrimination By Commonwealth and Its Political Subdivisions — Jason Hardiman
30.
Natural Resources and the Public Estate — John Dernbach
Miscellaneous Topics
31.
Prohibition Against Denial or Abridgement of Equality of Rights Because of Sex — Honorable Phyllis Beck and Patricia Daly
32.
Pennsylvania's Equality Provisions — Robert Williams
33.
Due Process Rights Under the Pennsylvania Constitution — Frederick Rapone, Jr.
34.
The Right to Privacy in the Pennsylvania Constitution — Seth Kreimer
35.
State Action and the Declaration of Rights — Nancy Burkoff
36.
36. Amending the Pennsylvania Constitution –- Harry Witte
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