Louis D. Brandeis

Louis D. Brandeis

Author: Melvin I. Urofsky

Publisher: Schocken

Published: 2012-09-04

Total Pages: 978

ISBN-13: 0805211950

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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.


Seek and Hide

Seek and Hide

Author: Amy Gajda

Publisher: Penguin

Published: 2022-04-12

Total Pages: 401

ISBN-13: 1984880756

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“Gajda’s chronicle reveals an enduring tension between principles of free speech and respect for individuals’ private lives. …just the sort of road map we could use right now.”—The Atlantic “Wry and fascinating…Gajda is a nimble storyteller [and] an insightful guide to a rich and textured history that gets easily caricatured, especially when a culture war is raging.”—The New York Times An urgent book for today's privacy wars, and essential reading on how the courts have--for centuries--often protected privileged men's rights at the cost of everyone else's. Should everyone have privacy in their personal lives? Can privacy exist in a public place? Is there a right to be left alone even in the United States? You may be startled to realize that the original framers were sensitive to the importance of privacy interests relating to sexuality and intimate life, but mostly just for powerful and privileged (and usually white) men. The battle between an individual’s right to privacy and the public’s right to know has been fought for centuries. The founders demanded privacy for all the wrong press-quashing reasons. Supreme Court jus­tice Louis Brandeis famously promoted First Amend­ment freedoms but argued strongly for privacy too; and presidents from Thomas Jefferson through Don­ald Trump confidently hid behind privacy despite intense public interest in their lives. Today privacy seems simultaneously under siege and surging. And that’s doubly dangerous, as legal expert Amy Gajda argues. Too little privacy leaves ordinary people vulnerable to those who deal in and publish soul-crushing secrets. Too much means the famous and infamous can cloak themselves in secrecy and dodge accountability. Seek and Hide carries us from the very start, when privacy concepts first entered American law and society, to now, when the law al­lows a Silicon Valley titan to destroy a media site like Gawker out of spite. Muckraker Upton Sinclair, like Nellie Bly before him, pushed the envelope of privacy and propriety and then became a privacy advocate when journalists used the same techniques against him. By the early 2000s we were on our way to today’s full-blown crisis in the digital age, worrying that smartphones, webcams, basement publishers, and the forever internet had erased the right to privacy completely.


Louis D. Brandeis

Louis D. Brandeis

Author: Jeffrey Rosen

Publisher: Yale University Press

Published: 2016-06-01

Total Pages: 257

ISBN-13: 0300160445

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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.


The Short Life and Curious Death of Free Speech in America

The Short Life and Curious Death of Free Speech in America

Author: Ellis Cose

Publisher: HarperCollins

Published: 2020-09-15

Total Pages: 167

ISBN-13: 0062999737

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Named one of Newsweek’s "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America—free speech—and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America’s social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump’s accusations of “fake news,” the free use of negative language against minority groups, “cancel culture,” and blatant xenophobia have caused Americans to question how far First Amendment protections can—and should—go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American’s life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation—and world—watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.


Unequal Justice

Unequal Justice

Author: Jerold S. Auerbach

Publisher: Oxford University Press

Published: 1977-02-03

Total Pages: 412

ISBN-13: 0199728925

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Auerbach here focuses on the elite nature of the profession, examining its emphasis on serving business interests and its attempts to exclude participation by minorities.


Justices and Journalists

Justices and Journalists

Author: Richard Davis

Publisher: Cambridge University Press

Published: 2011-02-14

Total Pages: 263

ISBN-13: 1139496875

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Justices and Journalists examines whether justices are becoming more publicity-conscious and why that might be happening. The book discusses the motives of justices 'going public' and details their recent increased number of television and print interviews and amount of press coverage of their speeches. The book describes the interactions justices have with the journalists who cover them. These interactions typically are not discussed publicly by justices or journalists. The book explains why justices care about press and public relations, how they employ external strategies to affect press portrayals of themselves and their institution, and how and why journalists participate in that interaction. Drawing on the papers of Supreme Court justices in the nineteenth and twentieth centuries, the book examines these interactions over the history of the Court. It includes a content analysis of print and broadcast media coverage of Supreme Court justices covering a 40-year period from 1968 to 2007.


The Supreme Court Under Edward Douglass White, 1910-1921

The Supreme Court Under Edward Douglass White, 1910-1921

Author: Walter F. Pratt

Publisher: Univ of South Carolina Press

Published: 1999

Total Pages: 340

ISBN-13: 9781570033094

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This volume chronicles a transformation in American jurisprudence that mirrored the widespread political, economic and social upheavals of the early 20th century. White's tenure coincided with a shift from a rural to an urban society and the emergence of the US as a world power.


American Zionism: Missions and Politics

American Zionism: Missions and Politics

Author: Jeffrey Gurock

Publisher: Routledge

Published: 2014-02-04

Total Pages: 516

ISBN-13: 1136675566

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The final volume comprises articles which take a look at the political movement for the establishment of a national homeland for the Jewish people. The twenty one articles cover subjects such as the historical emergence of Zionism, attitudes towards the Zionist and Anti-Zionist movements in America, and the developments of trusteeship for the Palestine.


American Zionism

American Zionism

Author: Jeffrey S. Gurock

Publisher: Taylor & Francis

Published: 1998

Total Pages: 516

ISBN-13: 9780415919326

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First Published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.