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

by Edward A. Purcell Jr. (Author) "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..." (more)
Key Phrases: coextensive powers, interstate forum shopping, federal equity jurisdiction, New Deal, United States, New York (more...)
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Editorial Reviews

Review
"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

Product Description
There is a huge biographical literature about Brandeis, but most of those studies confine themselves to general discussions of his constitutional ideas and certain major doctrinal areas such as substantive due press and the First Amendment. This book considers not only those, but also other less well-known areas, presenting a deeper and more complex view of the development of Brandeis's overall constitutional jurisprudence. Purcell argues that Brandeis's greatness lies in his success in merging his commitment to progressive political policies and principles with the practical and normative demands of wise constitutional judging.

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Inside This Book (learn more)
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
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