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Chapter 31 - Regulating Access to the National Courts

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

Justiciability law deals with the who, when, and where of litigation. The Court addressed the “who” question when it raised questions about the expansive use of class actions in a case seeking to block sales of homes to African American buyers. Other cases dealt with the application of rules waiving any requirement that civil liberties cases in the federal courts have a minimum financial amount at stake and the propriety of federal courts staying their hands in civil rights cases to see what the state courts would do about state law questions bound up with the federal ones. The Court also elaborated on the defition of a “federal question” for purposes of federal jurisdiction. Overall the cases show how substantially Frankfurter’s vision about the limited scope of national judicial power had been accepted by the Court.

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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
, pp. 803 - 850
Publisher: Cambridge University Press
Print publication year: 2022

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