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Philippa Strum, our foremost authority on Louis Brandeis, gathers together for the first time a sterling selection from his most provocative and profound writings. A kind of "Portable Brandeis," this book provides a concise and readable guide to the thought of a truly great American. Brandeis, the Ralph Nader of the early twentieth century, was known as the "People's Attorney" for his continuous crusades on behalf of the public. He spoke before citizens' groups and legislative bodies, wrote articles for popular magazines, put his ideas about industrial democracy in the briefs he submitted as a lawyer and later in the opinions he wrote as a Supreme Court justice (1916-1938), and advised presidents Woodrow Wilson and Franklin Roosevelt. The problems Brandeis faced and the answers he fashioned could have leaped from today's newspapers: corruption in government, conflicts between majority rule and minority rights, movements to limit free speech and the right to privacy, gender equality, the importance of education, the causes of and possible solutions for poverty, the social costs of excessive political or corporate power, the uneasy relationship between lawyers and the public, efficiency and justice in the workplace, the tension between Federal power and states' autonomy, and the responsibility of citizens to their community. In all his endeavors, Brandeis emphasized both political and economic democracy, citizen participation, and a balance between rights and responsibilities. As leader of the American Zionist movement from 1914 through the 1930s, he dreamed of a democratic Jewish homeland in Palestine founded on Jeffersonian principles. And there were similar echoes of the Founding Fathers in his campaign against the corporate trusts in the United States. These selections from Brandeis's speeches, letters to family and colleagues, newspaper interviews, articles, and judicial opinions offer us the essence of Brandeis's genius and allow us to appreciate the range and relevance of his ideas for America today.
[Brandeis, Louis D.]. Brandeis on Zionism: A Collection of Addresses and Statements by Louis D. Brandeis With a Foreword by Mr. Justice Felix Frankfurter. Washington, D.C.: Zionist Organization of America, . viii, 156 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-49331. ISBN 1-886363-60-9. Cloth. $65. * A collection of thirty-two of Brandeis' addresses and statements convey the evolution of his views regarding Zionism. Brandeis [1856-1941], a Boston lawyer known for his liberal stand on issues of social justice, was the first Jew to serve on the Supreme Court (1916-1939). The collection includes "True Americanism," "A Call to the Educated Jew," and "Democracy Means Responsibility." In his Foreword Frankfurter calls Brandeis "the moral symbol of Zionism throughout the world."
Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Introduction: Isaiah and Jefferson -- 1. The Curse of Bigness -- 2. Other People's Money -- 3. Laboratories of Democracy -- 4. The Perfect Citizen in the Perfect State -- Epilogue: What Would Brandeis Do? -- Notes -- Acknowledgments
“Every thinking American must read” (The Washington Book Review) this startling and “insightful” (The New York Times) look at how concentrated financial power and consumerism has transformed American politics, and business. Going back to our country’s founding, Americans once had a coherent and clear understanding of political tyranny, one crafted by Thomas Jefferson and updated for the industrial age by Louis Brandeis. A concentration of power—whether by government or banks—was understood as autocratic and dangerous to individual liberty and democracy. In the 1930s, people observed that the Great Depression was caused by financial concentration in the hands of a few whose misuse of their power induced a financial collapse. They drew on this tradition to craft the New Deal. In Goliath, Matt Stoller explains how authoritarianism and populism have returned to American politics for the first time in eighty years, as the outcome of the 2016 election shook our faith in democratic institutions. It has brought to the fore dangerous forces that many modern Americans never even knew existed. Today’s bitter recriminations and panic represent more than just fear of the future, they reflect a basic confusion about what is happening and the historical backstory that brought us to this moment. The true effects of populism, a shrinking middle class, and concentrated financial wealth are only just beginning to manifest themselves under the current administrations. The lessons of Stoller’s study will only grow more relevant as time passes. “An engaging call to arms,” (Kirkus Reviews) Stoller illustrates here in rich detail how we arrived at this tenuous moment, and the steps we must take to create a new democracy.
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.
Examines "a crucial American struggle: the drive to define and defend government based on 'the consent of the governed.' From the beginning, and at every step along the way, as Americans sought to right to vote, others have fought to stop them. This is the first book to trace the full story from the founders' debates to today's challenges: a wave of restrictive voting laws, partisan gerrymanders, the flood of campaign money unleashed by Citizens United"--Dust jacket flap.
Book The Brandeis-Frankfurter Connection: The Secret Political Activities of Two Supreme Court Justices Description/Summary:
Originally published in 1982 by Oxford University Press and featured in a front-page story in the Sunday New York Times, this book describes the relationship between Justice Louis D. Brandeis and then-Harvard law professor Felix Frankfurter. While on the Court, Brandeis provided Frankfurter with funds to promote a variety of political reforms. The book sparked a debate about the ethics of extrajudicial activities by Supreme Court justices. “This book sets out an historical narrative of hitherto unknown, undiscovered, yet rather extensive political activities by two major, highly respected justices of the United States Supreme Court... It now appears that in one of the most unique relationships in the Court’s history, Brandeis enlisted Frankfurter, then a professor at Harvard Law School, as his paid political lobbyist and lieutenant. Working together over a period of twenty-five years, they placed a network of disciples in positions of influence, and labored diligently for the enactment of their desired programs. This adroit use of the politically skillful Frankfurter as an intermediary enabled Brandeis to keep his considerable political endeavors hidden from the public. Not surprisingly, after his own appointment to the Court, Frankfurter resorted to some of the same methods to advance governmental goals consonant with his own political philosophy. As a result, history virtually repeated itself, with the student placing his own network of disciples in various agencies and working through this network for the realization of his own goals.” — Bruce Allen Murphy, in the Introduction to The Brandeis-Frankfurter Connection “This study of the extrajudicial activities of two celebrated Justices of the Supreme Court makes a valuable and fascinating, if somewhat schizophrenic, book... Murphy has done a first-class job of research, supplementing his labors in the Brandeis and Frankfurter papers by extensive investigation in other manuscript collections and the Columbia University oral histories and by fruitful interviews with survivors... The Brandeis-Frankfurter Connection is a useful book. It is useful because it makes us think hard about standards of judicial behavior... And it is useful because it makes us think realistically about the Court itself.” — Arthur Schlesinger, Jr., The New York Times “The Brandeis-Frankfurter Connection contains at once a great historical find and a thoughtful and, at times, brilliant essay on judicial propriety. This book deals superbly with questions not only of a citizen’s legitimate expectations for Supreme Court behavior but also of the broader role and hope for the performance of government... [Murphy] is a very reluctant muckraker who, after laying out the details, tries in a four-page conclusion to take much of it back, insisting that both the late justices ‘will survive as giants of twentieth-century America.’” — Bob Woodward, The Washington Post “[F]ascinating reading... a serious and commendable work of scholarship, a partial but engaging and persuasive portrait of the Washington political community for a good slice of the 20th century.” — Nelson W. Polsby, Commentary Magazine “A valuable study... the views of [Brandeis and Frankfurter] and their efforts to win acceptance for them have never been so searchingly studied and evaluated.” — Frank Freidel, The American Historical Review “Murphy has authored a solidly researched and important book... Murphy amply demonstrates both his thorough research abilities and his talent for weaving material together to produce a work that flows like a well-written mystery... [and] deserve[s] much credit... for assembling hitherto known and unknown facts and placing them in a useful perspective... an important work.” — Alan Betten, University of Baltimore Law Review “Murphy’s book persuasively demonstrates that Brandeis and Frankfurter never ceased to be the kind of men they were before they went to the bench-political men. Not that their behavior was unique or unprecedented. Murphy reminds readers that two-thirds of those who have sat on the highest court have engaged in ‘off-the-bench political activity’... Perhaps this book continues to stir emotions precisely because it establishes so convincingly the political effectiveness of two remarkable judges-men who have too long been esteemed as models of a pristine judicial probity that in our nation probably cannot exist.” — Victoria Schuck, The Wilson Quarterly
Book The Triangle Fire, Protocols Of Peace Description/Summary:
America searched for an answer to "The Labor Question" during the Progressive Era in an effort to avoid the unrest and violence that flared so often in the late nineteenth and early twentieth century. In the ladies' garment industry, a unique experiment in industrial democracy brought together labor, management, and the public. As Richard Greenwald explains, it was an attempt to "square free market capitalism with ideals of democracy to provide a fair and just workplace." Led by Louis Brandeis, this group negotiated the "Protocols of Peace." But in the midst of this experiment, 146 mostly young, immigrant women died in the Triangle Factory Fire of 1911. As a result of the fire, a second, interrelated experiment, New York's Factory Investigating Commission (FIC)—led by Robert Wagner and Al Smith—created one of the largest reform successes of the period. The Triangle Fire, the Protocols of Peace, and Industrial Democracy in Progressive Era New York uses these linked episodes to show the increasing interdependence of labor, industry, and the state. Greenwald explains how the Protocols and the FIC best illustrate the transformation of industrial democracy and the struggle for political and economic justice.
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.
Book Brandeis and the Progressive Constitution Description/Summary:
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.