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The letters in this volume record an important transition in Brandeis's life. In July 1907, when the letters begin, Louis D. Brandeis was merely an unusually successful local reformer. His earlier victories against the Boston Elevated and the Boston Consolidated Gas Company, even his stunning success in the achievement of the Savings Bank Life Insurance law in Massachusetts, all centered exclusively upon Boston or Massachusetts problems. But by December 1912, when this book ends, Brandeis was one of the best known social activists in the United States. He received regular national attention in popular periodicals and advised the newly elected President of the United States. As these letters show, Brandeis always kept one eye on Massachusetts affairs--supervising the inauguration of the insurance reform, continuing to oppose long-term franchises for the subway, and advising Massachusetts governors on proposed bills and prospective appointments. But he devoted the major part of his energy in this five-and-a-half-year period to a series of crusades of crucial national importance. He attacked the attempt of Mellen and Morgan to gain a monopoly hold over new England transportation as he strenuously and doggedly opposed the merger of the Boston & Maine with the New Haven railroad. He entered, in a leading role, the most celebrated conservation battle of his generation, the Pinchot-Ballinger controversy, and he emerged as a major spokesman for the preservation and orderly development of natural resources. He helped to hammer together an arbitration mechanism to maintain industrial peace within the New York garment trades, a mechanism he believed would have broad implications for the future of industrial democracy in America. He battled the demands of the railroads for increased rates; he joined the crusade for efficiency and scientific management; and he directed repeated blows against the huge concentrations of economic power within the national economy. It should not be surprising that Brandeis and Robert M. LaFollette were drawn together, and these letters will show both the extent of that relationship and the way in which Brandeis's influence spread to other progressives in Congress. Other matters--his earliest Zionist activities, his achievement in defending progressive state legislation before the Supreme Court, his interest in Alaskan development along conservationist lines, his plan for the regularity of employment, his role in the Presidential campaign of 1912--are all part of his work during these turbulent years and are all touched upon in greater or lesser detail in these letters.
Covers the later years of his life, closing with his death.
During his long career of public service, first as a reform-minded lawyer and later as an associate justice of the Supreme Court of the United States, Louis Dembitz Brandeis (1856-1941) had a profound influence upon American life in this century. In the words of Max Lerner: "Years from now, when historians can look back and put our time into perspective, they will say that one of its towering figures--more truly great than generals and diplomats, business giants and labor giants, bigger than most of our presidents--was a man called Brandeis." Other respected authorities have asserted that, except for John Marshall and Oliver Wendell Holmes, no jurist has exerted so broad and enduring influence upon American jurisprudence as Brandeis. Now assembled for the first time and planned for publication in a five-volume series are the Brandeis letters. In Vol. 1, (1870-1907): Urban Reformer, are letters written by Brandeis during his first years as a lawyer and social activist. They illuminate, in a day to day way, seemingly small areas of social action which are rarely documented and are so often lost in historical haze. They show what liberal reformers were thinking and doing in the Progressive Era and reveal the techniques, tactics, and strategies they employed in working within the system to find solutions to the human and urban problems of their day. In the process, they focus on many problems of contemporary concern and furnish insights into ways of organizing citizen pressure to effect social change.
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.
“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.
In a fascinating blend of biography and history, Joseph Tartakovsky tells the epic and unexpected story of our Constitution through the eyes of ten extraordinary individuals—some renowned, like Alexander Hamilton and Woodrow Wilson, and some forgotten, like James Wilson and Ida B. Wells-Barnett. Tartakovsky brings to life their struggles over our supreme law from its origins in revolutionary America to the era of Obama and Trump. Sweeping from settings as diverse as Gold Rush California to the halls of Congress, and crowded with a vivid Dickensian cast, Tartakovsky shows how America’s unique constitutional culture grapples with questions like democracy, racial and sexual equality, free speech, economic liberty, and the role of government. Joining the ranks of other great American storytellers, Tartakovsky chronicles how Daniel Webster sought to avert the Civil War; how Alexis de Tocqueville misunderstood America; how Robert Jackson balanced liberty and order in the battle against Nazism and Communism; and how Antonin Scalia died warning Americans about the ever-growing reach of the Supreme Court. From the 1787 Philadelphia Convention to the clash over gay marriage, this is a grand tour through two centuries of constitutional history as never told before, and an education in the principles that sustain America in the most astonishing experiment in government ever undertaken.
Examining the professional lives of a variety of businessmen and their advocates with the intent of taking their words seriously, Chad Pearson paints a vivid picture of an epic contest between industrial employers and labor, and challenges our comfortable notions of Progressive Era reformers.
This book uses extensive original archival and elite interview research to examine the attempt to rejuvenate liberalism as a means of disciplining democracy and the market through a new rule-based economic and political order. This rebirth took the form of conservative liberalism and, in its most developed form, Ordo-liberalism. It occurred against the historical background of the great transformational crisis of liberalism in the first part of the twentieth century. Conservative liberalism evolved as a cross-national phenomenon. It included such eminent and cultured liberal economists as James Buchanan, Frank Knight, Henry Simons, Ralph Hawtrey, Jacques Rueff, Luigi Einaudi, Walter Eucken, Friedrich Hayek, Alfred Müller-Armack, Wilhelm Röpke, Alexander Rüstow, and Paul van Zeeland, as well as leading lawyers like Louis Brandeis, Franz Böhm, and Maurice Hauriou. Conservative liberals also played a formative role in establishing new international networks, notably the Mont Pèlerin Society. The book investigates the rich intellectual inheritance of this variant of new liberalism from aristocratic liberalism, ethical philosophy, and religious thought. It also locates the social basis of conservative liberalism and Ordo-liberalism in the cultivated bourgeois intelligentsia. The book goes on to examine the attempts to embed this new disciplinary form of liberalism in Britain, France, Germany, Italy, and the United States, and to consider the determinants of its varying significance across space and over time. It concludes by assessing the historical significance and contemporary relevance of conservative liberalism and Ordo-liberalism as liberalism confronts a new transformational crisis at the beginning of the new millennium. Is their promise of disciplining democracy and the market a hollow one?
By 1933, the Pennsylvania Railroad had been in existence for nearly ninety years. During this time, it had grown from a small line, struggling to build west from the state capital in Harrisburg, to the dominant transportation company in the United States. In Volume 2 of The Pennsylvania Railroad, Albert J. Churella continues his history of this giant of American transportation. At the beginning of the twentieth century, the Pennsylvania Railroad was the world's largest business corporation and the nation's most important railroad. By 1917, the Pennsylvania Railroad, like the nation itself, was confronting a very different world. The war that had consumed Europe since 1914 was about to engulf the United States. Amid unprecedented demand for transportation, the federal government undertook the management of the railroads, while new labor policies and new regulatory initiatives, coupled with a postwar recession, would challenge the company like never before. Only time would tell whether the years that followed would signal a new beginning for the Pennsylvania Railroad or the beginning of the end. The Pennsylvania Railroad: The Age of Limits, 1917-1933, represents an unparalleled look at the history, the personalities, and the technologies of this iconic American company in a period that marked the shift from building an empire to exploring the limits of their power.