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Hand of the Law: Access, Process, an...

Bowman, Winston.

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Hand of the Law: Access, Process, and Politics in the Federal Judiciary, 1860-1975.

Record Type:	Electronic resources : Monograph/item
Title/Author:	Hand of the Law: Access, Process, and Politics in the Federal Judiciary, 1860-1975./
Author:	Bowman, Winston.
Published:	Ann Arbor : ProQuest Dissertations & Theses, : 2015,
Description:	327 p.
Notes:	Source: Dissertation Abstracts International, Volume: 76-08(E), Section: A.
Contained By:	Dissertation Abstracts International76-08A(E).
Subject:	Law. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3687257
ISBN:	9781321647693

Hand of the Law: Access, Process, and Politics in the Federal Judiciary, 1860-1975.
Bowman, Winston.

Hand of the Law: Access, Process, and Politics in the Federal Judiciary, 1860-1975. - Ann Arbor : ProQuest Dissertations & Theses, 2015 - 327 p.

Source: Dissertation Abstracts International, Volume: 76-08(E), Section: A.

Thesis (Ph.D.)--Brandeis University, 2015.

This item is not available from ProQuest Dissertations & Theses.

"Hand of the Law" studies the evolution of a body of rules governing litigants' access to the federal courts in civil cases from the Civil War to the mid-1970s. Historians have too often overlooked these hyper-technical rules to focus on the substantive content of legal decisions, with a resultant lack of attention to the constitutive force of judicial procedure. This dissertation argues that federal courts, particularly the United States Supreme Court, have gained purchase over important questions of national policy by denying federal forums to some claims and facilitating federal litigation in others. Federal judges' power to circumscribe access to their courts often came at a real cost to the parties. Those left waiting at the courthouse door often had little hope of pressing their claims in a venue that could match the national reach and coercive power of the federal judiciary. This dissertation shows how advocates on all sides of major public debates were often forced to contort their claims to fit the procedural demands of federal litigation. "Hand of the Law" uses a detailed analysis of hundreds of court cases and other primary sources to trace this story of social, political, and economic conflict across more than a century of American history. In doing so, it grapples with some of the most vexed and important problems in legal history and theory: the neutrality of legal institutions, the relationship between substance and process, and the autonomy of law itself.

ISBN: 9781321647693Subjects--Topical Terms:

600858
Law.

Hand of the Law: Access, Process, and Politics in the Federal Judiciary, 1860-1975.
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520 $a "Hand of the Law" studies the evolution of a body of rules governing litigants' access to the federal courts in civil cases from the Civil War to the mid-1970s. Historians have too often overlooked these hyper-technical rules to focus on the substantive content of legal decisions, with a resultant lack of attention to the constitutive force of judicial procedure. This dissertation argues that federal courts, particularly the United States Supreme Court, have gained purchase over important questions of national policy by denying federal forums to some claims and facilitating federal litigation in others. Federal judges' power to circumscribe access to their courts often came at a real cost to the parties. Those left waiting at the courthouse door often had little hope of pressing their claims in a venue that could match the national reach and coercive power of the federal judiciary. This dissertation shows how advocates on all sides of major public debates were often forced to contort their claims to fit the procedural demands of federal litigation. "Hand of the Law" uses a detailed analysis of hundreds of court cases and other primary sources to trace this story of social, political, and economic conflict across more than a century of American history. In doing so, it grapples with some of the most vexed and important problems in legal history and theory: the neutrality of legal institutions, the relationship between substance and process, and the autonomy of law itself.
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