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Rethinking the New Deal Court (E-Book, PDF)
This book challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. Identifying previously unseen connections between several different lines of doctrine, Rethinking the New Deal Court charts the manner in which Nebbia v. As intelligent as it is revisionist, this volume will greatly interest students of legal history, constitutional law, and political science.
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- "Rethinking the New Deal Court: The Structure of a Constitutional Revol" by Barry Cushman;
- Rethinking the New Deal court : the structure of a constitutional revolution.
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- Rethinking the New Deal Court: The Structure of a Constitutional Revolution by Barry Cushman!
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Project MUSE - Rethinking the New Deal Court: The Structure of a Constitutional Revolution (review)
Konefsky, SUNY at Buffalo Law School "Rejecting as simplistic and incomplete the now familiar political switch-in-time explanations of the Court's decisions upholdingkey New Deal legislation, Cushman offers an account of those cases that sees them as logical as well as intellectually and legally honest outcomes of somewhat earlier developments in constitutional doctrine This is a well-crafted book; it offers a compelling story. Cushman bases his account on case fact situations, the arguments of counsel, the opinions of judges, and private correspondence Eliminating a standard explanation of it, he raises the question of what Roosevelt administration was really trying to do, constitutionally speaking.
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