Abstract

http://ssrn.com/abstract=1410370
 


 



Unchain the Courts - An Essay on the Role of the Federal Courts in the Vindication of Social Rights


Michael A. Berch


Arizona State University (ASU) - Sandra Day O'Connor College of Law

1976

Arizona State Law Journal, p. 437, 1976

Abstract:     
The Supreme Court under Chief Justice Burger has restricted the anticipated growth of constitutional doctrines developed in the 1960's during the Warren Court era. In this essay, Professor Berch traces these restrictions in the context of the poor seeking access to the lower federal courts for the vindication of their constitutional rights. While the Court has shut off or severely curtailed access in many cases, chiefly by the strained application of the standing rubric, the opinions do indicate faith in the political process for eventual solutions. The essay envisages the failure of the political process to solve many of the problems confronting the poor and disadvantaged and an eventual return of these grievances to the federal courts.

Number of Pages in PDF File: 23

Keywords: federal courts, jurisdiction, constitutional law

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Date posted: May 29, 2009  

Suggested Citation

Berch, Michael A., Unchain the Courts - An Essay on the Role of the Federal Courts in the Vindication of Social Rights (1976). Arizona State Law Journal, p. 437, 1976. Available at SSRN: http://ssrn.com/abstract=1410370

Contact Information

Michael A. Berch (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
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