Monday, December 20, 2010

Lee on Judicial Restraint

Evan Lee has published a book titled, Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts Was Invented (Oxford University Press). Here is the blurb written by the noted legal historian, Edward A. Purcell, Jr.:

Highlighting the importance of changing social contexts and judicial values, this thoughtful and illuminating study traces the complex shifts that marked the evolutino of standing doctrines in the Supreme Court's jurisprudence and identifies some of the unexpected consequences that those new formulations brought. Demonstrating that modern Article III standing doctrine was a product not of the Constitution or the Marshall Court but of Justice Louis D. Brandeis and the early twentieth-century, it demonstrates the essential irrelevance of originalist theories to a clear understanding of this important area of American constitutional law.

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