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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"Purcell treats Erie with a rigor and depth approached by no other historical account. This book is destined to occupy an important place in the constitutional-historical literature." Clyde Spillenger, UCLA School of Law
About the Author
Edward A. Purcell, Jr., is professor of law at New York Law School. He is the author of Litigation and Inequality and The Crisis of Democratic Theory, for which he received the Frederick Jackson Turner Prize.
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Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
Inside This Book
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First Sentence:
From the moment that Justice Louis D. Brandeis announced the Supreme Court's decision in the spring of 1938, Erie Railroad Co. v. Tompkins has fascinated members of the legal profession. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
coextensive powers, interstate forum shopping, federal equity jurisdiction, diversity docket, lawmaking primacy, branch affinities, general federal common law, legislative primacy, federal caseload, federal diversity jurisdiction, national legislative power, noneconomic rights, federal judicial power, national common law, labor injunction, federal law issues, unconstitutional assumption, judicial lawmaking, common law issues, judicial primacy, federal question jurisdiction, general common law, interstate streams, constitutional rationale, process jurisprudence Key Phrases - Capitalized Phrases (CAPs): (learn more)
New Deal, United States, New York, Tenth Amendment, Warren Court, Commerce Clause, American Bar Association, Senate Judiciary Committee, Roosevelt Court, Fourteenth Amendment, Western Union, Fidelity Union, Van Devanter, Harvard Law Review, House Judiciary Committee, Justice Holmes, Taft Court, Yale Law School, Conformity Act, Felix Frankfurter, Johnson Act, New England, New Hampshire, Rehnquist Court, West Virginia New!
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Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
From the moment that Justice Louis D. Brandeis announced the Supreme Court's decision in the spring of 1938, Erie Railroad Co. v. Tompkins has fascinated members of the legal profession. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
coextensive powers, interstate forum shopping, federal equity jurisdiction, diversity docket, lawmaking primacy, branch affinities, general federal common law, legislative primacy, federal caseload, federal diversity jurisdiction, national legislative power, noneconomic rights, federal judicial power, national common law, labor injunction, federal law issues, unconstitutional assumption, judicial lawmaking, common law issues, judicial primacy, federal question jurisdiction, general common law, interstate streams, constitutional rationale, process jurisprudence Key Phrases - Capitalized Phrases (CAPs): (learn more)
New Deal, United States, New York, Tenth Amendment, Warren Court, Commerce Clause, American Bar Association, Senate Judiciary Committee, Roosevelt Court, Fourteenth Amendment, Western Union, Fidelity Union, Van Devanter, Harvard Law Review, House Judiciary Committee, Justice Holmes, Taft Court, Yale Law School, Conformity Act, Felix Frankfurter, Johnson Act, New England, New Hampshire, Rehnquist Court, West Virginia New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
Citations (learn more)
6
books
cite this book:
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- A Companion to 20th-Century America (Blackwell Companions to American History) by Stephen J. Whitfield on page 375, and Back Matter
- The People Themselves: Popular Constitutionalism and Judicial Review by Larry D. Kramer in Back Matter
- The Secular Revolution: Power, Interests, and Conflict in the Secularization of American Public Life by Christian Smith on page 353
- The Supreme Court of the United States: A Student Companion (Oxford Student Companions to American Government) by John J. Patrick on page 49
- Congress, Progressive Reform, and the New American State by Robert Harrison on page 267
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