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1 results

  • Chapter 29 - Basic Concepts of Justiciability

  • from Section C: Justiciability
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Published online: 13 January 2022
  • Print publication: 03 February 2022, pp 747-783

  • 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.