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Judicial Restraint in America – How the Ageless Wisdom of the Federal Courts was Invented - Oxford Scholarship Online
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Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Evan Tsen Lee


Many legal scholars believe that judges should not be “activists.” But exactly what does it mean for judges to practice “restraint,” and how did that set of practices evolve in America? This book traces the cultural, social, and intellectual forces that shaped the contours of judicial restraint from the time of John Marshall, through the “vested property rights” courts of the early 20th century, through the Warren Court, and up to the present. The Supreme Court and the many lower federal courts have long used mystifying technical doctrines known as “standing” and “abstention” out of a professe ... More

Keywords: judges, activists, judicial restraint, John Marshall, Warren Court, Supreme Court, property rights, Protestant idealism, scientific pragmatism

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780195340341
Published to Oxford Scholarship Online: January 2011 DOI:10.1093/acprof:oso/9780195340341.001.0001


Affiliations are at time of print publication.

Evan Tsen Lee, author
University of California, Hastings College of Law