Free PDF , by Jeffrey Rosen
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, by Jeffrey Rosen
Free PDF , by Jeffrey Rosen
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Product details
File Size: 2302 KB
Print Length: 257 pages
Publisher: Yale University Press (June 1, 2016)
Publication Date: June 1, 2016
Sold by: Amazon Digital Services LLC
Language: English
ASIN: B01G5SM2NI
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Amazon Best Sellers Rank:
#237,376 Paid in Kindle Store (See Top 100 Paid in Kindle Store)
It is often the case that good things can come in smaller packages. This is certainly true of this perceptive study of Louis D. Brandeis (1856-1941), one of the Court's greatest Justices, among other accomplishments. While this book is part of Yale's acclaimed "Jewish Lives," series, the author cautions us that it is not meant to be a full biography but rather a 240 page condensed study of Brandeis's thought and character. The reader is referred to the major biographical studies of LDB, particularly Melvin Urofsky's nearly 1,000 page definitive analysis, if more biographical background is sought. However, Brandeis's thought and values emerge with clarity and precision in this compact study.The book's major themes are previewed in the Introduction, "Isaiah and Jefferson." One of the great values of the book is that it focuses in on key books that Brandeis read that helped to shape his outlook. In particular, the author discusses A.J. Nock's 1926 biography of Jefferson and a book particularly important to Brandeis, Zimmern's "The Greek Commonwealth." The author relies upon Brandeis's own writings to expound upon his ideas; his frequent recurrence to LDB's family letters is particularly helpful in gaining insights into his thinking and reactions to various developments. As the intro's title indicates, the author sees major points of comparison between LDB and Jefferson, and this is one of the more fascinating aspects of the book.All of the key aspects of Brandeis values and ideas are covered, concisely but effectively. His fondness for small scale farms and businesses versus industrial giants is thoroughly discussed, as is his conception of the states as "laboratories of democracy" well suited to try out new ideas. The importance of scientific management generating leisure for citizen study becomes evident. The author does not just focus on ideas, but looks at LDB's practical impact. His close relationship with Wilson during the 1912 campaign yielded among other advances the Federal Trade Commission, the Federal Reserve, the Clayton Act, and laid the foundation for the later Glass-Steagall Act. The author discusses how Brandeis's ideas would have mitigated the 2008 financial meltdown.When Brandeis joins the Court in 1916, the author's focus continues on his ideas and values even as some (but not too many) decisions and dissents are discussed. LDB's pragmatic theory of constitutional interpretation, focusing upon the adaptation of the document's values to current applications, would not have pleased the late Justice Scalia--it would have been interesting to see the two of them debating the issue. But judicial deference did not mean judicial abstinence. His distaste for centralization in both government and business led LDB to oppose the initial round of New Deal legislation, which surprised FDR given that LDB (whether appropriately or not) had advised him on several matters. Privacy, free speech, and opinions that educate as well as explain Court holdings were important values.Finally, the very complicated relationship between Brandeis and Zionism is most effectively examined. That Brandeis sort of saw Palestine as a cross between the Periclean Athens of Alfred Zimmern and Jefferson's agricultural republic of small, independent farmers has always fascinated me; the author's cogent discussion helped me better understand this aspect of Brandeis. What he might make of today's Israel is interesting to contemplate. In the Epilogue, the author theorizes about how Brandeis's ideas would react to some current developments, such as cloud computing, the European "Right to be Forgotten," and "Citizens United" among other aspects of modern life.Just a concise yet complete introduction to Brandeis and his continuing importance to us today. It is amazing how many times we see references to the Justice in discussions of current issues. At least four members of the current Court obviously have been impacted by his thinking and approaches. It is all here and effectively presented, including 31 pages of often fascinating notes. The book should become an essential introduction to the Justice and his many contributions to us.
In 2013 I read Melvin I. Urofsky’s “Louis D. Brandeis: A Life.†When I saw Rosen’s book on Brandeis, that was published in June 2016, I almost past it up, but then bought it. Brandeis is one of my historical heroes and I just wanted to see what Rosen had to say. I am very glad I did as the book is not really a biography of LDB but a review of his philosophies and legal decisions and how they relate to today problems. LDB was appointed to the Supreme Court by President Wilson one hundred years ago this year.Rosen built a case showing how Brandeis’ decisions and philosophy are important and relevant to today’s issues. Rosen has crafted a careful study of Brandeis’ key points and compares them to today’s problems. Rosen has done meticulous research and the book is well written. Brandeis was a critic of bigness as was Thomas Jefferson and Rosen compares the two men’s viewpoints. LDB denounced big banks, big government and big business; he was a critic of concentration of financial power and a big opponent of J. P. Morgan. Rosen shows how the stock-market crash of 1929 vindicated LDB’s viewpoint.LDB was an advocate of free speech and privacy. Rosen reveals how he almost foretold the technological age and its issues of privacy and free speech. Rosen discusses Brandeis’ book published in 1913 entitled “Other People’s Money†and how its premise of protection of liberty and opposition to monopoly went hand in hand. Louis D. Brandies was devoted to free speech, privacy and pro-immigration diversity, and a mistrust of big business and big government.Rosen discusses LDB’s viewpoints and solutions to these issues and how these compare to the current political presidential candidates’ viewpoints, as well as how current judicial philosophy compares to LDB’s. Rosen says we all should ask ourselves on these key issues “What would Brandies do?†The author states that on today’s Supreme Court there are three scholars of Brandies and they are Justice Ruth Bader Ginsburg, Justice Elena Kagan and Justice Stephen Breyer. The book is 257 pages long and is easy to read for the average lay person.
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