At head of series title: The Oliver Wendell Holmes devise. Includes bibliographical references and index.
Contents:
Personnel and organizing ideas -- Formulas and conceptions of basic needs : an overview -- The complex world of simple formulas -- Formulas and considerations of basic needs in business regulation cases -- Blaisdell -- Nebbia -- The gold clause cases -- Black Monday, May 27, 1935 -- Winter 1935-36 -- Spring 1936 -- The court packing plan -- Resolution -- Was there a "switch in time"? -- After the storm : personnel and organization -- Consolidating the new constitutional regime : the first plank-the scope of national power -- Consolidating the new constitutional regime : the second plank -state regulation of business -- Consolidating the new constitutional regime : the third and fourth planks- labor law and intergovernmental immunity -- Toward a theory of pluralism -- Envisioning administrative law -- Constitutional limitations on agencies -- The president's role -- The courts' role in administrative law -- The uncertainties of theory -- Progressivism, prohibition, and organized crime : criminal law in the 1930s -- Race, criminal justice, and "labor defense" -- Race and strategic litigation -- The Hughes Court and radical political dissent -- The Hughes Court and radical religious dissent -- Basic concepts of justiciability -- Sovereign immunity and political questions -- Regulating access to the national courts -- ERIE -- ERIE's legacy -- Form and style in statutory interpretation -- The Supreme Court and the new deal economics -- Regulating strikes -- Regulating the NLRB -- The labor-antitrust interface -- The justices and the theories -- Demonstrations, picketing, and First Amendment theories -- The Jehovah's witnesses and First Amendment theories.
Summary:
"Steven Shapin began a classic work with this sentence: "There was no such thing as the Scientific Revolution, and this is a book about it."1 This book's theme might be put in similar terms. There was no Constitutional Revolution of 1937, and this is a book about it. As the book's subtitle suggests, the Hughes Court from its inception in 1930 was in large measure a Progressive court, committed in a wide range of areas to the vision of active government associated with the Progressive movement in thought and politics. The Court was not dominated by a deep formalism, though most of the justices, liberals and conservatives alike, had their moments of formalism - and not merely for strategic reasons when controlling precedent forced formalism on them. At one time or another and cumulatively a great deal of the time, all of the justices incorporated ideas about good public policy in their interpretations of the Constitution and federal statutes"-- Provided by publisher.
Series:
History of the Supreme Court of the United States ; volume XI
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.