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Brandeis and the Progressive Constitution Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-Century America

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ISBN-10: 0300078048

ISBN-13: 9780300078046

Edition: 2000

Authors: Edward A. Purcell

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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.
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Book details

Copyright year: 2000
Publisher: Yale University Press
Publication date: 2/9/2000
Binding: Hardcover
Pages: 420
Size: 6.50" wide x 9.50" long x 1.25" tall
Weight: 1.628
Language: English

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