Brandeis And The Progressive Constitution

Author : Edward A. Purcell
Publisher : Yale University Press
ISBN 13 : 9780300078046
Total Pages : 446 pages
Book Rating : 4.48/5 ( download)

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Download or read book Brandeis and the Progressive Constitution written by Edward A. Purcell and published by Yale University Press. This book was released on 2000-02-09 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the twentieth century, and particularly between the 1930s and 1950s, ideas about the nature of constitutional government, the legitimacy of judicial lawmaking, and the proper role of the federal courts evolved and shifted. This book focuses on Supreme Court justice Louis D. Brandeis and his opinion in the 1938 landmark case Erie Railroad Co. v. Tompkins, which resulted in a significant relocation of power from federal to state courts. Distinguished legal historian Edward A. Purcell, Jr., shows how the Erie case provides a window on the legal, political, and ideological battles over the federal courts in the New Deal era. Purcell also offers an in-depth study of Brandeis's constitutional jurisprudence and evolving legal views. Examining the social origins and intended significance of the Erie decision, Purcell concludes that the case was a product of early twentieth-century progressivism. The author explores Brandeis's personal values and political purposes and argues that the justice was an exemplar of neither "judicial restraint" nor "neutral principles," despite his later reputation. In an analysis of the continual reconceptions of both Brandeis and Erie by new generations of judges and scholars in the twentieth century, Purcell also illuminates how individual perspectives and social pressures combined to drive the law's evolution.

Author :
Publisher :
ISBN 13 : 9780300147391
Total Pages : 417 pages
Book Rating : 4.92/5 ( download)

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Download or read book Brandeis and the Progressive Constitution written by and published by . This book was released on 2000 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Bradley C. S. Watson
Publisher : Cambridge University Press
ISBN 13 : 1107094372
Total Pages : 343 pages
Book Rating : 4.76/5 ( download)

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Download or read book Progressive Challenges to the American Constitution written by Bradley C. S. Watson and published by Cambridge University Press. This book was released on 2017-04-24 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details the origins of American progressivism and its enduring effects on American politics and constitutionalism in the twenty-first century.

Author : Jeffrey Rosen
Publisher : Yale University Press
ISBN 13 : 0300160445
Total Pages : 256 pages
Book Rating : 4.44/5 ( download)

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Download or read book Louis D. Brandeis written by Jeffrey Rosen and published by Yale University Press. This book was released on 2016-06-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.

Author : Philippa Strum
Publisher : University Press of Kansas
ISBN 13 : 0700606874
Total Pages : 242 pages
Book Rating : 4.70/5 ( download)

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Download or read book Brandeis written by Philippa Strum and published by University Press of Kansas. This book was released on 1993-09-02 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revered as the "People's Attorney," Louis D. Brandeis concluded a distinguished career by serving as an associate justice (1916-1939) of the U.S. Supreme Court. Philippa Strum argues that Brandeis-long recognized as a brilliant legal thinker and defender of traditional civil liberties-was also an important political theorist whose thought has become particularly relevant to the present moment in American politics. Brandeis, Strum shows, was appalled by the suffering and waste of human potential brought on by industrialization, poverty, and a government increasingly out of touch with its citizens. In response, he developed a unique vision of a "worker's democracy" based on an economically independent and well-educated citizenry actively engaged in defining its own political destiny. She also demonstrates that, while Brandeis's thinking formed the basis of Woodrow Wilson's "New Freedom," it went well beyond Wilsonian Progressivism in its call for smaller governmental and economic units such as worker-owned businesses and consumer cooperatives. Brandeis's political thought, Strum suggests, is especially relevant to current debates over how large a role government should play in resolving everything from unemployment and homelessness to the crisis in health care. One of the few justices to support Roosevelt's New Deal policies in the 1930s, he nevertheless consistently criticized concentrated power in government (and in corporations). He agreed that the government should provide its citizens with some sort of "safety net," but at the same time should empower people to find private solutions to their needs. A half century later, Brandeis's political thought has much to offer anyone engaged in the current debates pitting individualists against communitarians and rights advocates against social welfare critics.

Author : Gerald Berk
Publisher : Cambridge University Press
ISBN 13 : 0521425964
Total Pages : 297 pages
Book Rating : 4.64/5 ( download)

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Download or read book Louis D. Brandeis and the Making of Regulated Competition, 1900-1932 written by Gerald Berk and published by Cambridge University Press. This book was released on 2009-06-22 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an innovative interpretation of industrialization and statebuilding in the U.S. by tracing the development of regulated competition. Conceptualized by Brandeis and implemented by trade associations and the Federal Trade Commission, regulated competition checked economic power by channeling competition from predation into improvement in products and production processes.

Author : Nelson L. Dawson
Publisher : University Press of Kentucky
ISBN 13 : 081318567X
Total Pages : 187 pages
Book Rating : 4.75/5 ( download)

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Download or read book Brandeis And America written by Nelson L. Dawson and published by University Press of Kentucky. This book was released on 2021-10-21 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Louis D. Brandeis is a figure of perennial significance in American history. Brilliant lawyer, innovative reformer, seminal thinker, and judicial giant, he left few significant issues in American society untouched during the course of his long and productive career. The last several decades have been particularly rich in Brandeis historiography, creating the need for a work surveying current scholarship and addressing critical issues. Brandeis and America more than meets this need. Six distinguished Brandeis scholars—David J. Danelski, Nelson L. Dawson, Allon Gal, David W. Levy, Philippa Strum, and Melvin I. Urofsky—offer richly analytical essays illuminating key aspects of Brandeis's impact on American life: his relationship to the Progressive movement, his involvement in Zionism, his role as a New Deal advisor, and his significance in constitutional law. In addition, the book contains a comprehensive survey of Brandeis historiography, a reference chronology of his life, and an exploration of the deeply controversial issue of judicial propriety. It should prove a powerful stimulus to future Brandeis research. These essays not only contribute to an understanding of Brandeis himself but also cast light on vital political, social, and economic issues in twentieth-century America, issues that are sure to be with us well into the next century.

Author : Melvin I. Urofsky
Publisher : Schocken
ISBN 13 : 0805211950
Total Pages : 978 pages
Book Rating : 4.55/5 ( download)

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Download or read book Louis D. Brandeis written by Melvin I. Urofsky and published by Schocken. This book was released on 2012-09-04 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a young lawyer in the late nineteenth and early twentieth centuries, Louis Brandeis, born into a family of reformers who came to the United States to escape European anti-Semitism, established the way modern law is practiced. He was an early champion of the right to privacy and pioneer the idea of pro bono work by attorneys. Brandeis invented savings bank life insurance in Massachusetts and was a driving force in the development of the Clayton Antitrust Act, the Federal Reserve Act, and the law establishing the Federal Trade Commission. Brandeis witnessed and suffered from the anti-Semitism rampant in the United States in the early twentieth century, and with the outbreak of World War I, became at age fifty-eight the head of the American Zionist movement. During the brutal six-month congressional confirmation battle that ensued when Woodrow Wilson nominated him to the Supreme Court in 1916, Brandeis was described as “a disturbing element in any gentlemen’s club.” But once on the Court, he became one of its most influential members, developing the modern jurisprudence of free speech and the doctrine of a constitutionally protected right to privacy and suggesting what became known as the doctrine of incorporation, by which the Bill of Rights came to apply to the states. In this award-winning biography, Melvin Urofsky gives us a panoramic view of Brandeis’s unprecedented impact on American society and law.

Author : Bradley C. S. Watson
Publisher : Open Road Media
ISBN 13 : 1504066391
Total Pages : 210 pages
Book Rating : 4.96/5 ( download)

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Download or read book Living Constitution, Dying Faith written by Bradley C. S. Watson and published by Open Road Media. This book was released on 2020-11-17 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: A “living” constitution. Runaway courts. Legislating from the bench. These phrases come up a lot in the national political debate. They raise the ire of many Americans. But where did the ideas come from? Why do courts play a role so alien to the one the American Founders outlined? And how did unelected judges gain so much power in our democratic republic? Political scientist and legal philosopher Bradley C. S. Watson provides the answers in this important book. To understand why courts today rule the way they do, Watson shows, you must go back more than a century. You’ll find the philosophical and historical roots of judicial activism in the late nineteenth century. Watson traces a line from social Darwinism and pragmatism, through the rise of Progressivism, to our situation today. Living Constitution, Dying Faith reveals a radical transformation of American political thought. This ebook features a new introduction examining the latest developments—which only highlight the prescience of Watson’s arguments.

Author : David E. Bernstein
Publisher : University of Chicago Press
ISBN 13 : 0226043185
Total Pages : 208 pages
Book Rating : 4.80/5 ( download)

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Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.