Brandeis and the Progressive Constitution Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-Century America
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This book examines both the constitutional jurisprudence of Supreme Court justice Louis D. Brandeis and one of his most famous and controversial opinions, Erie Railroad Co. v. Tompkins (1938). This landmark decision led to a significant relocation of power from federal to state courts, and, says the author, it provides a window on the legal, political, and ideological battles over the federal courts in the New Deal era and after.
Copyright year: 2000
Publisher: Yale University Press
Publication date: 2/9/2000
Size: 6.50" wide x 9.50" long x 1.25" tall
|The Federal Judicial Power and Progressive Reform|
|The Premise of an Age: Law, Politics, and the Federal Courts, 1877-1937|
|Expanding the Federal Judicial Power: Justice David J. Brewer and the "General" Common Law|
|Progressive Judicial Reform After World War I: Diversity Jurisdiction and the Labor Injunction|
|Brandeis, Erie, and the Complexities of Constitutional Judging|
|Litigant Strategies and Judicial Dynamics|
|Brandeis: The Judge as Human|
|"Defects, Social": The Progressive as Judicial Craftsman|
|"Defects, Political": The Progressive as Constitutional Architect|
|History and the Dynamics of Legal Change|
|Erosion and Creation of Meaning in an Age of Transition|
|Henry M. Hart, Jr., and the Power of Transforming Vision|
|Cold War Politics and Neutral Principles: The Federal Judicial Power in a New Age|
|To Century's End: Meaning, Politics, and the Constitutional Enterprise|