Brandeis and the Progressive Constitution / Kristin L. Hoganson.

Format:

Book

Author/Creator:

Hoganson, Kristin L., Author.

Language:

English

Subjects (All):

Brandeis, Louis D., 1856-1941.

Brandeis, Louis D.

Judges--United States--Biography.

Judges.

Law--Political aspects.

Law.

Progressivism (United States politics).

Physical Description:

1 online resource

Place of Publication:

New Haven, CT : Yale University Press, [2000]

Language Note:

In English.

Summary:

During the twentieth century, and particularly between the 1930s and 1950s, ideas about the nature of constitutional government, the legitimacy of judicial lawmaking, and the proper role of the federal courts evolved and shifted. This book focuses on Supreme Court justice Louis D. Brandeis and his opinion in the 1938 landmark case Erie Railroad Co. v. Tompkins, which resulted in a significant relocation of power from federal to state courts. Distinguished legal historian Edward A. Purcell, Jr., shows how the Erie case provides a window on the legal, political, and ideological battles over the federal courts in the New Deal era. Purcell also offers an in-depth study of Brandeis's constitutional jurisprudence and evolving legal views.Examining the social origins and intended significance of the Erie decision, Purcell concludes that the case was a product of early twentieth-century progressivism. The author explores Brandeis's personal values and political purposes and argues that the justice was an exemplar of neither "judicial restraint" nor "neutral principles," despite his later reputation. In an analysis of the continual reconceptions of both Brandeis and Erie by new generations of judges and scholars in the twentieth century, Purcell also illuminates how individual perspectives and social pressures combined to drive the law's evolution.

Contents:

Frontmatter

Contents

Acknowledgments

Introduction

1. The Premise of an Age: Law, Politics, and the Federal Courts, 1877-1937

2. Expanding the Federal Judicial Power: Justice David J. Brewer and the "General" Common Law

3. Progressive Judicial Reform After World War I: Diversity Jurisdiction and the Labor Injunction

4. Litigant Strategies and Judicial Dynamics

5. Brandeis: The Judge as Human

6. "Defects, Social": The Progressive as Judicial Craftsman

7. "Defects, Political": The Progressive as Constitutional Architect

8. Erosion and Creation of Meaning in an Age of Transition

9. Henry M. Hart, Jr., and the Power of Transforming Vision

10. Cold War Politics and Neutral Principles: The Federal Judicial Power in a New Age

11. To Century's End: Meaning, Politics, and the Constitutional Enterprise

Notes

Index

Notes:

Description based on online resource; title from PDF title page (publisher's Web site, viewed 24. Apr 2020)

ISBN:

9780300147391

0300147392

OCLC:

1024043855