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

Name: Brandeis and the Progressive Constitution Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-Century America
Price: 27.75 USD
Availability: InStock
ISBN: 9780300078046

ISBN-10: 0300078048

ISBN-13: 9780300078046

Edition: 2000

Authors: Edward A. Purcell, Edward A. Purcell

List price: $73.00

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Description:

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.

Book details

List price: $73.00
Copyright year: 2000
Publisher: Yale University Press
Publication date: 2/9/2000
Binding: Hardcover
Pages: 432
Size: 0.65" wide x 0.93" long x 0.11" tall
Weight: 1.628
Language: English



Acknowledgments


Introduction



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


Notes


Index