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Whose Hubris? Brandeis, Scientific Management, and the Railroads

Gerald Berk

in Constructing Corporate America: History, Politics, Culture

Published in print:
2004
Published Online:
September 2007
ISBN:
9780199251902
eISBN:
9780191719059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199251902.003.0005
Subject:
Business and Management, Business History

This chapter reinterprets Louis Brandeis's role in the crisis of progressive era railroad regulation. While others have implicated Brandeis in the crisis, the essay shows how he identified fatal ... More


Brandeis and Limits on Federal Judicial Power

Evan Tsen Lee

in Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195340341
eISBN:
9780199867240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340341.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on Louis Brandeis. In his most famous opinion in Erie R. R. v. Tompkins, the Court finally put an end to the regime under which federal courts sitting in diversity fashioned ... More


The Money Trust (1890–1920)

Charles R. Geisst

in Wall Street: A History

Published in print:
1999
Published Online:
November 2003
ISBN:
9780195130867
eISBN:
9780199871155
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195130863.003.0006
Subject:
Economics and Finance, Economic History, Financial Economics

The money trust and the development of the Federal Reserve. The central role of Wall Street power brokers in the country and the increasing sophistication of the exchanges. The Pecora hearings in ... More


Zionist Attorney

William Lasser

in Benjamin V. Cohen: Architect of the New Deal

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300088793
eISBN:
9780300128888
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300088793.003.0003
Subject:
Political Science, American Politics

This chapter details Cohen's involvement with Zionism. He was part of the circle of Louis Dembitz Brandeis, who, in addition to serving as an associate justice of the United States Supreme Court, was ... More


Introduction: Imperiled Privacy

Katherine Adams

in Owning Up: Privacy, Property, and Belonging in U.S. Women's Life Writing, 1840-1890

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195336801
eISBN:
9780199868360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195336801.003.0001
Subject:
Literature, American, 19th Century Literature

This introductory chapter begins with a reading of “The Right to Privacy,” an 1890 legal essay by Samuel Warren and Louis Brandeis in response ... More


Intimacy‐Based Privacy: The Answer to Legal Privacy Debates

Julie C. Inness

in Privacy, Intimacy, and Isolation

Published in print:
1996
Published Online:
November 2003
ISBN:
9780195104608
eISBN:
9780199868247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195104609.003.0008
Subject:
Philosophy, Moral Philosophy

Since the legal evolution of privacy in the work of such diverse individuals as Samuel Warren, Louis Brandeis, and Estelle Griswold, the contentious realm of tort and constitution privacy law has ... More


1927: Justice Brandeis and the Final End of the State

in A Community Built on Words: The Constitution in History and Politics

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226677231
eISBN:
9780226677224
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677224.003.0021
Subject:
Law, Constitutional and Administrative Law

In 1927, Justice Louis Brandeis wrote a justly famous opinion, which Justice Holmes joined, concurring in the Court's judgment in Whitney v. California. Whitney sustained a conviction under a ... More


Economic Domination and Democratic Action

K. Sabeel Rahman

in Democracy against Domination

Published in print:
2017
Published Online:
November 2016
ISBN:
9780190468538
eISBN:
9780190626419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190468538.003.0004
Subject:
Political Science, Political Theory, American Politics

Chapter 4 develops a normative account of democratic economic governance inspired by the Progressive Era critique of the market, and in particular the thought of John Dewey and Louis Brandeis. First, ... More


In the Shadow of War

Stephen E. Gottlieb

in Unfit for Democracy: The Roberts Court and the Breakdown of American Politics

Published in print:
2016
Published Online:
September 2016
ISBN:
9780814732427
eISBN:
9780814732434
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814732427.003.0002
Subject:
Law, Constitutional and Administrative Law

During the interwar years, the Supreme Court began to grapple with the conditions for democracy and the morality of democracy in contrast with the totalitarianism of the Nazis and Communists. The ... More


Building a Nation

Adam M. Howard

in Sewing the Fabric of Statehood: Garment Unions, American Labor, and the Establishment of the State of Israel

Published in print:
2017
Published Online:
January 2019
ISBN:
9780252041464
eISBN:
9780252050060
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5622/illinois/9780252041464.003.0003
Subject:
History, American History: 20th Century

During the late 1920s and early 1930s, some Bundists began to identify as non-Zionists. Although they viewed Zionism as a nationalist distraction from their socialist values, they believed assisting ... More


The Rise and Fall of the First Amendment

John Denvir

in Freeing Speech: The Constitutional War over National Security

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814720141
eISBN:
9780814785348
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814720141.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the rise and fall of the First Amendment. It begins with a historical background on the First Amendment before turning to a series of free speech cases in the 1960s involving ... More


3 The Rise and Fall of the First Amendment

John Denvir

in Freeing Speech: The Constitutional War over National Security

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814720141
eISBN:
9780814785348
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814720141.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the rise and fall of the First Amendment. It begins with a historical background on the First Amendment before turning to a series of free speech cases in the 1960s involving ... More


The Novel and the Reconstruction Amendments

Jeannine Marie Delombard

in The Oxford History of the Novel in English: Volume 6: The American Novel 1879-1940

Published in print:
2014
Published Online:
March 2015
ISBN:
9780195385342
eISBN:
9780190252779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780195385342.003.0005
Subject:
Literature, American, 19th Century Literature

This chapter examines the legal and cultural significance of the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution (1865–1870) within the context of tort law, with special ... More


Structuring Democratic Agency

K. Sabeel Rahman

in Democracy against Domination

Published in print:
2017
Published Online:
November 2016
ISBN:
9780190468538
eISBN:
9780190626419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190468538.003.0005
Subject:
Political Science, Political Theory, American Politics

Chapter 5 builds on the previous discussion to move from an abstract theory of democratic agency to more concrete principles for designing democratic institutions. The chapter begins by exploring the ... More


A Data Protection Regime

Oscar H. Gandy Jr. Jr.

in The Panoptic Sort: A Political Economy of Personal Information

Published in print:
2021
Published Online:
July 2021
ISBN:
9780197579411
eISBN:
9780197579459
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197579411.003.0008
Subject:
Law, Comparative Law

This chapter is focused on the need for and the likely problems to be encountered as we pursue a regulatory response, especially through the traditional framework for thinking about privacy and data ... More


6 The New Deal and the Institutionalists

Daniel Crane

in The Making of Competition Policy: Legal and Economic Sources

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199782796
eISBN:
9780190261351
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199782796.003.0006
Subject:
Economics and Finance, History of Economic Thought

This chapter focuses on the New Deal brought by Franklin Delano Roosevelt and its effects toward antitrust and competition policy. It presents accounts of prominent members of the New Deal political ... More


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