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Building the JudiciaryLaw, Courts, and the Politics of Institutional Development$
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Justin Crowe

Print publication date: 2012

Print ISBN-13: 9780691152936

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691152936.001.0001

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Modern America

Modern America


(p.238) Chapter Seven Modern America
Building the Judiciary

Justin Crowe

Princeton University Press

This chapter examines the specialization of the federal judiciary from the start of World War II in 1939 to the election of Bill Clinton's presidential successor in 2000. Coming out of the New Deal, politicians of modern America broadened the institutional portfolios of courts and judges with a series of specialized functions and individuals. This deepening of the bureaucratic tendency toward division of labor cemented the key role played by judicial power in modern governance. The chapter discusses the three stages in which judicial institution building occurred during this period: the enhancement and expansion of judicial adjuncts to execute administrative duties for and to relieve the growing caseload burden on federal district court judges; the reorganization of existing courts and judges in order to develop and utilize expertise to handle patent law; and the creation of a new tribunal to provide judicial scrutiny over domestic surveillance and intelligence gathering.

Keywords:   federal judiciary, courts, judges, judicial power, judicial institution building, judicial adjuncts, patent law, surveillance, intelligence gathering

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