Legislative Purpose and the Judicial Process: The Lincoln Mills Case

Alexander M. Bickel · Harry H. Wellington

16 citations0/0 files storedHarvard Law Review

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Judicial and Constitutional Studies American Constitutional Law and Politics Legal and Constitutional Studies

Abstract

Section 301 of the Taft-Hartley Act, contend the authors, confers upon the federal courts responsibilities which are beyond the normal institutional capacities of those courts. Thus the proper disposition of Textile Workers Union v. Lincoln Mills, decided last term, was to "remand" the case to Congress for further consideration of this broad delegation of power. The authors also criticize the Court for a tendency to fail to articulate rational grounds of decision.

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