Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Narrowing the Nation's Power

Image not available lge

ISBN13: 9780520235748
ISBN: 0520235746
Published: February 2002
Publisher: University Presses of California, Columbia and Princeton
Format: Hardback
Price: Out of print

The tale of how a cohesive majority of the Supreme Court has, in the six years from 1996, cut back the power of Congress and enhanced the autonomy of the 50 states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is ""a superior being"". Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court (in 2002) has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labour standards. Not just the states themselves, but every state-sponsored entity - a state insurance scheme, a state university's research lab, the Idaho Potato Commission - has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. ""It only hurts when you think about it,"" Noonan's Yalewoman remarks.;Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.

Image not available lge