Brandeis on Democracy

Overview

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 ...

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Overview

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.

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Product Details

  • ISBN-13: 9780700606788
  • Publisher: University Press of Kansas
  • Publication date: 1/1/1995
  • Pages: 272
  • Product dimensions: 6.20 (w) x 9.20 (h) x 1.00 (d)

Table of Contents

Illustrations
Acknowledgments
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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