Edward A. PurcellJr.'s Books

Brandeis and the Progressive Constitution

Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-century America

By: Edward A. Purcell

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Brandeis and the Progressive Constitution

Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-century America

By: Edward A. Purcell

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.

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446

Publisher

Yale University Press

Published Date

ISBN 10

0300078048

ISBN 13

9780300078046

Antonin Scalia and American Constitutionalism

The Historical Significance of a Judicial Icon

By: Edward A. Purcell, Jr.

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Antonin Scalia and American Constitutionalism

The Historical Significance of a Judicial Icon

By: Edward A. Purcell, Jr.

Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence.

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329

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Oxford University Press

Published Date

ISBN 10

0197508774

ISBN 13

9780197508770

Litigation and Inequality

Federal Diversity Jurisdiction in Industrial America, 1870-1958

By: Edward A. Purcell Jr.

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Litigation and Inequality

Federal Diversity Jurisdiction in Industrial America, 1870-1958

By: Edward A. Purcell Jr.

Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.

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459

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Oxford University Press

Published Date

ISBN 10

0195360907

ISBN 13

9780195360905

Originalism, Federalism, and the American Constitutional Enterprise

A Historical Inquiry

By: Edward A. Purcell

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Originalism, Federalism, and the American Constitutional Enterprise

A Historical Inquiry

By: Edward A. Purcell

In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries. There was no clear agreement among the founding fathers regarding the "true" nature of American federalism, Purcell contends, nor was there a consensus on "correct" lines dividing state and national authority. Furthermore, even had there been some true "original" understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any "original" or permanent balance. The author traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest.

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311

Publisher

Yale University Press

Published Date

ISBN 10

0300122039

ISBN 13

9780300122039

"This Honorable Court"

The United States District Court for the District of New Jersey, 1789-2000

By: Mark Edward Lender

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"This Honorable Court"

The United States District Court for the District of New Jersey, 1789-2000

By: Mark Edward Lender

In this first historical account of the District of New Jersey, Mark Edward Lender traces its evolution from its origins through the turn of the twenty-first century. Drawing on extensive original records, including those in the National Archives, he shows how it was at the district court level that the new nation first tested the role of federal law and authority. From these early decades through today, the cases tried in New Jersey stand as prime examples of the legal and constitutional developments that have shaped the course of federal justice. At critical moments in our history, the courts participated in the Alien and Sedition Acts, the transition from Federalist to Jeffersonian political authority, the balancing of state and federal roles during the Civil War and Reconstruction, and modern controversies over civil rights and affirmative

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364

Publisher

Rutgers University Press

Published Date

ISBN 10

0813538041

ISBN 13

9780813538044

Originalism, Federalism, and the American Constitutional Enterprise

A Historical Inquiry

By: Edward A. Purcell

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Originalism, Federalism, and the American Constitutional Enterprise

A Historical Inquiry

By: Edward A. Purcell

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311

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Yale University Press

Published Date

ISBN 10

0300122039

ISBN 13

9780300122039

Brandeis and the Progressive Constitution

Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-century America

By: Edward A. Purcell

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Brandeis and the Progressive Constitution

Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-century America

By: Edward A. Purcell

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Solve jigsaw puzzle

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Page Count

446

Publisher

Yale University Press

Published Date

ISBN 10

0300078048

ISBN 13

9780300078046

Antonin Scalia and American Constitutionalism

The Historical Significance of a Judicial Icon

By: Edward A. Purcell, Jr.

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Antonin Scalia and American Constitutionalism

The Historical Significance of a Judicial Icon

By: Edward A. Purcell, Jr.

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N/A

Write a review

Solve jigsaw puzzle

Age

Page Count

329

Publisher

Oxford University Press

Published Date

ISBN 10

0197508774

ISBN 13

9780197508770

Book's by Edward A. PurcellJr.

Brandeis and the Progressive Constitution

Brandeis and the Progressive Constitution

Antonin Scalia and American Constitutionalism

Antonin Scalia and American Constitutionalism

Litigation and Inequality

Litigation and Inequality

Originalism, Federalism, and the American Constitutional Enterprise

Originalism, Federalism, and the American Constitutional Enterprise

"This Honorable Court"

"This Honorable Court"

Originalism, Federalism, and the American Constitutional Enterprise

Originalism, Federalism, and the American Constitutional Enterprise

Brandeis and the Progressive Constitution

Brandeis and the Progressive Constitution

Antonin Scalia and American Constitutionalism

Antonin Scalia and American Constitutionalism

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