The common law origins of constitutionally compelled remedies.

From: Yale Law Journal | Date: October 1, 1997| Author: Woolhandler, Ann | Copyright information

Traditional federal courts scholarship assumes that it was only with the post-Reconstruction advent of general federal question jurisdiction that the federal courts took on their role as primary guarantors of constitutional rights. Professor Woolhandler shows that, both before and after the advent of the 1875 general federal question statute, the federal courts aggressively employed diversity jurisdiction as a substitute form of federal question jurisdiction. Under the diversity rubric, feder...

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