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Chapter 29 - Basic Concepts of Justiciability

from Section C: Justiciability

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

Felix Frankfurter invented the field of federal jurisdiction. It concerned the occasions for the proper exercise of federal judicial power under Article III. The Hughes Court endorsed the Declaratory Judgment Act as a mechanism for efficient dispute adjudication. And, though the Court did not follow his advice consistently, in Ashwander v. TVA Justice Brandeis developed a comprehensive list of rules that should limit the number of cases in which the federal courts exercised their power. Among those doctrines was a newly invigorated law of standing that, Brandeis and Frankfurter may have hoped, would have insulated New Deal legislation against constitutional challenge.

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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
, pp. 747 - 783
Publisher: Cambridge University Press
Print publication year: 2022

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