Brandeis and the Progressive Constitution

Download Brandeis and the Progressive Constitution PDF Online Free

Author :
Publisher : Yale University Press
ISBN 13 : 9780300078046
Total Pages : 446 pages
Book Rating : 4.0/5 (78 download)

DOWNLOAD NOW!


Book Synopsis Brandeis and the Progressive Constitution by : Edward A. Purcell

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.

Brandeis and the Progressive Constitution

Download Brandeis and the Progressive Constitution PDF Online Free

Author :
Publisher :
ISBN 13 : 9780300147391
Total Pages : 417 pages
Book Rating : 4.1/5 (473 download)

DOWNLOAD NOW!


Book Synopsis Brandeis and the Progressive Constitution by :

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:

Progressive Challenges to the American Constitution

Download Progressive Challenges to the American Constitution PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1107094372
Total Pages : 343 pages
Book Rating : 4.1/5 (7 download)

DOWNLOAD NOW!


Book Synopsis Progressive Challenges to the American Constitution by : Bradley C. S. Watson

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.

Brandeis

Download Brandeis PDF Online Free

Author :
Publisher : University Press of Kansas
ISBN 13 : 0700606874
Total Pages : 242 pages
Book Rating : 4.7/5 (6 download)

DOWNLOAD NOW!


Book Synopsis Brandeis by : Philippa Strum

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.

Louis D. Brandeis

Download Louis D. Brandeis PDF Online Free

Author :
Publisher : Yale University Press
ISBN 13 : 0300160445
Total Pages : 256 pages
Book Rating : 4.3/5 (1 download)

DOWNLOAD NOW!


Book Synopsis Louis D. Brandeis by : Jeffrey Rosen

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.

Louis D. Brandeis

Download Louis D. Brandeis PDF Online Free

Author :
Publisher : Schocken
ISBN 13 : 0805211950
Total Pages : 978 pages
Book Rating : 4.8/5 (52 download)

DOWNLOAD NOW!


Book Synopsis Louis D. Brandeis by : Melvin I. Urofsky

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.

William Howard Taft's Constitutional Progressivism

Download William Howard Taft's Constitutional Progressivism PDF Online Free

Author :
Publisher : University Press of Kansas
ISBN 13 : 0700632115
Total Pages : 248 pages
Book Rating : 4.7/5 (6 download)

DOWNLOAD NOW!


Book Synopsis William Howard Taft's Constitutional Progressivism by : Kevin J. Burns

Download or read book William Howard Taft's Constitutional Progressivism written by Kevin J. Burns and published by University Press of Kansas. This book was released on 2021-05-26 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In William Howard Taft’s Constitutional Progressivism Kevin J. Burns makes a compelling case that Taft’s devotion to the Constitution of 1787 contributed to his progressivism. In contrast to the majority of scholarship, which has viewed Taft as a reactionary conservative because of his constitutionalism, Burns explores the ways Taft’s commitment to both the Constitution and progressivism drove his political career and the decisions he made as president and chief justice. Taft saw the Constitution playing a positive role in American political life, recognizing that it created a national government strong enough to enact broad progressive reforms. In reevaluating Taft’s career, Burns highlights how Taft rejected the “laisser [sic] faire school,” which taught that “the Government ought to do nothing but run a police force.” Recognizing that the massive industrial changes following the Civil War had created a plethora of socioeconomic ills, Taft worked to expand the national government’s initiatives in the fields of trust-busting, land conservation, tariff reform, railroad regulation, and worker safety law. Burns offers a fuller understanding of Taft and his political project by emphasizing Taft’s belief that the Constitution could play a constructive role in American political life by empowering the government to act and by undergirding and protecting the reform legislation the government implemented. Moreover, Taft recognized that if the Constitution could come to the aid of progressivism, political reform might also redound to the benefit of the Constitution by showing its continued relevance and workability in modern America. Although Taft’s efforts to promote significant policy-level reforms attest to his progressivism, his major contribution to American political thought is his understanding of the US Constitution as a fundamental law, not a policy-oriented document. In many ways Taft can be thought of as an originalist, yet his originalism was marked by a belief in robust national powers. Taft’s constitutionalism remains relevant because while his principles seem foreign to modern legal discourse, his constitutional vision offers an alternative to contemporary political divisions by combining political progressivism-liberalism with constitutional conservatism.

Brandeis And America

Download Brandeis And America PDF Online Free

Author :
Publisher : University Press of Kentucky
ISBN 13 : 081318567X
Total Pages : 187 pages
Book Rating : 4.8/5 (131 download)

DOWNLOAD NOW!


Book Synopsis Brandeis And America by : Nelson L. Dawson

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.

Louis D. Brandeis and the Making of Regulated Competition, 1900-1932

Download Louis D. Brandeis and the Making of Regulated Competition, 1900-1932 PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 0521425964
Total Pages : 297 pages
Book Rating : 4.5/5 (214 download)

DOWNLOAD NOW!


Book Synopsis Louis D. Brandeis and the Making of Regulated Competition, 1900-1932 by : Gerald Berk

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.

Rehabilitating Lochner

Download Rehabilitating Lochner PDF Online Free

Author :
Publisher : University of Chicago Press
ISBN 13 : 0226043533
Total Pages : 204 pages
Book Rating : 4.2/5 (26 download)

DOWNLOAD NOW!


Book Synopsis Rehabilitating Lochner by : David E. Bernstein

Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 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.

Originalism, Federalism, and the American Constitutional Enterprise

Download Originalism, Federalism, and the American Constitutional Enterprise PDF Online Free

Author :
Publisher : Yale University Press
ISBN 13 : 0300122039
Total Pages : 311 pages
Book Rating : 4.3/5 (1 download)

DOWNLOAD NOW!


Book Synopsis Originalism, Federalism, and the American Constitutional Enterprise by : Edward A. Purcell

Download or read book Originalism, Federalism, and the American Constitutional Enterprise written by Edward A. Purcell and published by Yale University Press. This book was released on 2007-12-28 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries. There was no clear agreement among the founding fathers regarding the "true" nature of American federalism, Purcell contends, nor was there a consensus on "correct" lines dividing state and national authority. Furthermore, even had there been some true "original" understanding, the elastic and dynamic nature of the constitutional structure would have made it impossible for subsequent generations to maintain any "original" or permanent balance. The author traces the evolution of federalism through the centuries, focusing particularly on shifting interpretations founded on political interests. He concludes with insights into current issues of federal power and a discussion of the grounds on which legitimate decisions about federal and state power should rest.

Living Constitution, Dying Faith

Download Living Constitution, Dying Faith PDF Online Free

Author :
Publisher : Open Road Media
ISBN 13 : 1504066391
Total Pages : 210 pages
Book Rating : 4.5/5 (4 download)

DOWNLOAD NOW!


Book Synopsis Living Constitution, Dying Faith by : Bradley C. S. Watson

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.

Democratic Theories and the Constitution

Download Democratic Theories and the Constitution PDF Online Free

Author :
Publisher : State University of New York Press
ISBN 13 : 1438401841
Total Pages : 416 pages
Book Rating : 4.4/5 (384 download)

DOWNLOAD NOW!


Book Synopsis Democratic Theories and the Constitution by : Martin Edelman

Download or read book Democratic Theories and the Constitution written by Martin Edelman and published by State University of New York Press. This book was released on 1985-06-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the government of the United States is traditionally viewed as a democracy, there is considerable disagreement about what democracy means and implies. In a comprehensive study Professor Edelman examines the three democratic paradigms most prevalent in America today: natural rights, contract, and competition. Theories based on these paradigms lead to different ideas of democracy, each of which yields variant interpretations of the Constitution. This close relationship between democratic theories and constitutional interpretations is analyzed in an extensive historical introduction, which focuses on some of the major thinkers in American history. Edelman's discussion shows that neither the Constitution nor the development of American political thought can serve as an authoritative basis for any one theory of democracy. Instead of a particular theory, the historical constant was an appeal to reason inherent in our basic charter. In his methodological section, Edelman argues that we must use reason to clarify the latent values inherent in the differing concepts of democracy and the consequences that flow from them. He analyzes judicial ideas in the light of three concepts deemed central to any democratic theory—citizenship, political participation, and political freedom—and concludes with a balanced account of contemporary democratic theories, the constitutional theories related to them, and a critique of both.

Keeping Faith with the Constitution

Download Keeping Faith with the Constitution PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0199750661
Total Pages : 272 pages
Book Rating : 4.1/5 (997 download)

DOWNLOAD NOW!


Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Active Liberty

Download Active Liberty PDF Online Free

Author :
Publisher : Vintage
ISBN 13 : 0307424618
Total Pages : 176 pages
Book Rating : 4.3/5 (74 download)

DOWNLOAD NOW!


Book Synopsis Active Liberty by : Stephen Breyer

Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Illiberal Reformers

Download Illiberal Reformers PDF Online Free

Author :
Publisher : Princeton University Press
ISBN 13 : 0691175861
Total Pages : 264 pages
Book Rating : 4.6/5 (911 download)

DOWNLOAD NOW!


Book Synopsis Illiberal Reformers by : Thomas C. Leonard

Download or read book Illiberal Reformers written by Thomas C. Leonard and published by Princeton University Press. This book was released on 2017-01-24 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Illiberal Reformers, Thomas Leonard reexamines the economic progressives whose ideas and reform agenda underwrote the Progressive Era dismantling of laissez-faire and the creation of the regulatory welfare state, which, they believed, would humanize and rationalize industrial capitalism. But not for all. Academic social scientists such as Richard T. Ely, John R. Commons, and Edward A. Ross, together with their reform allies in social work, charity, journalism, and law, played a pivotal role in establishing minimum-wage and maximum-hours laws, workmen's compensation, progressive income taxes, antitrust regulation, and other hallmarks of the regulatory welfare state. But even as they offered uplift to some, economic progressives advocated exclusion for others, and did both in the name of progress. Leonard meticulously reconstructs the influence of Darwinism, racial science, and eugenics on scholars and activists of the late nineteenth and early twentieth centuries, revealing a reform community deeply ambivalent about America's poor. Economic progressives championed labor legislation because it would lift up the deserving poor while excluding immigrants, African Americans, women, and 'mental defectives, ' whom they vilified as low-wage threats to the American workingman and to Anglo-Saxon race integrity. Economic progressives rejected property and contract rights as illegitimate barriers to needed reforms. But their disregard for civil liberties extended much further. Illiberal Reformers shows that the intellectual champions of the regulatory welfare state proposed using it not to help those they portrayed as hereditary inferiors, but to exclude them. -- Provided by publisher.

The Curse of Bigness

Download The Curse of Bigness PDF Online Free

Author :
Publisher :
ISBN 13 : 9780999745465
Total Pages : 154 pages
Book Rating : 4.7/5 (454 download)

DOWNLOAD NOW!


Book Synopsis The Curse of Bigness by : Tim Wu

Download or read book The Curse of Bigness written by Tim Wu and published by . This book was released on 2018 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the man who coined the term "net neutrality" and who has made significant contributions to our understanding of antitrust policy and wireless communications, comes a call for tighter antitrust enforcement and an end to corporate bigness.