Brandeis on Democracy

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"A most timely re-presentation that captures the full range and richness of Brandeis's writings in his own compelling words."—James MacGregor Burns, author of The American Experiment and Government by the People

"Philippa Strum puts her considerable skills to an impressive result, crafting a 'Brandeis Reader' that teaches the value of an unflinching commitment to democracy at the same time that it deepens our understanding of majority rights, freedom of expression, and privacy. Every American will benefit from reading—and then re-reading—this book."—Kermit L. Hall, author of The Magic Mirror: Law in American History

"A first rate book, remarkable in every way—the right documents, the right order, the right way to introduce them."—David W. Levy, coeditor of Half Brother, Half Son: The Letters of Louis D. Brandeis to Felix Frankfurter

"A super job of selecting and editing. This collection is far superior as representative of Brandeis's thought than any previous work."—Melvin I. Urofsky, author of A History of the American Constitution

Author Biography: Philippa Strum, professor of political science at the City University of New York-Brooklyn College and The Graduate Center, is author of numerous books, including When the Nazis Came to Skokie: Freedom for Speech We Hate, Brandeis: Beyond Progressivism, Louis D. Brandeis: Justice for the People, The Supreme Court and "Political Questions," and Presidential Power and American Democracy.

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Product Details

  • ISBN-13: 9780700606795
  • Publisher: University Press of Kansas
  • Publication date: 1/16/1995
  • Edition description: New Edition
  • Pages: 240
  • Product dimensions: 6.00 (w) x 8.90 (h) x 0.80 (d)

Table of Contents

1 Introduction 1
Chronology 21
2 Democracy and Public Service 25
"True Americanism," 1915 25
Speech to the Good Government Association, 1903 30
Address to the New England Civic Federation, 1906 32
"Efficiency and Social Ideas," 1914 32
Letter to Robert W. Bruere, 1922 33
Public Service: Two Interviews 35
Interview with American Cloak and Suit Review, 1911 35
Interview in the New York Times Annalist, 1913 35
"The Greatest Life Insurance Wrong," 1906 36
The Question of Land Use 42
Letter to Alice Brandeis, 1911 42
Letters to Robert M. La Follette, 1911 43
Letter to Amos Pinchot, 1911 45
3 The Living Law 47
Letter to William H. Dunbar, 1893 48
Two Speeches to Lawyers 51
"The Opportunity in the Law," 1905 52
"The Living Law," 1916 59
Oral Argument in Stettler v. O'Hara, 1914 66
4 Justice for the Workers 74
"The Incorporation of Trades Unions," Debate with Samuel Gompers, 1902 75
Truax v. Corrigan, 1921 78
"The Employer and Trades Unions," 1904 82
Dorchy v. Kansas, 1926 89
"Hours of Labor," 1906 90
"How Far Have We Come on the Road to Industrial Democracy? - An Interview," 1913 94
Testimony before the United States Commission on Industrial Relations, 1915 96
"Laborers as Directors with Boss Possible, Says Louis D. Brandeis," Interview, 1915 103
Hitchman Coal & Coke Co. v. Mitchell, 1917 106
Duplex Company v. Deering, 1920 110
Bedford Cut Stone v. Journeymen Stone Cutters' Association, 1926 113
5 Business and "The Curse of Bigness" 118
"Business - A Profession," 1912 119
"Big Business and Industrial Liberty," 1912 125
"Trusts, Efficiency and the New Party," 1912 127
"The New England Railroad Situation," 1912 132
"Interlocking Directorates," 1912 137
New State Ice Company v. Liebmann, 1932 138
Liggett Co. v. Lee, 1932 148
6 Zionism: Progressives and Pilgrims in Palestine 154
"The Jewish Problem: How to Solve It," 1915 155
"A Call to the Educated Jew," 1915 166
"An Essential of Lasting Peace," 1915 171
"Palestine and the Jewish Democracy," 1915 174
Pittsburgh Platform, 1918 178
Letters from Palestine, 1919 179
Messages to Zionist leaders and others working in the Zionist movement, 1914-1940 181
7 Government in a Democracy 186
Myers v. United States, 1926 187
Ashwander v. Tennessee Valley Authority, 1935 191
Letter to Elizabeth B. Raushenbush, 1933 193
Harry Shulman, "Memorandum of Talk with L.D.B., 1933" 194
8 The Right to be Let Alone 197
Letters to Felix Frankfurter, 1920, 1926 198
Burdeau v. McDowell, 1920 199
Casey v. United States, 1928 200
Olmstead v. United States, 1927 203
9 The Right to Free Speech 208
Schaefer v. United States, 1920 211
Pierce v. United States, 1920 216
Gilbert v. State of Minnesota, 1920 227
Milwaukee Social Democratic Publishing Company v. Burleson, 1920 230
Letters to Felix Frankfurter, 1926 234
Oral Argument in Near v. Minnesota, 1931 235
Whitney v. California, 1927 237
Notes 243
Additional Reading 253
Index 255
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