Editorial Staff

Law Prof. Melvin Urofsky on Justice Louis Brandeis, the SCOTUS, & Dissenting Opinions

/in , , , , /by Editorial Staff
Share on Facebook
Share on Twitter
Share on
LinkedIn
+

This week on “The Learning Curve,” Gerard and Cara talk with Melvin Urofsky, Professor of Law & Public Policy and Professor Emeritus of History at Virginia Commonwealth University, and the author of several books, including Louis D. Brandeis: A Life and Dissent and the Supreme Court. Professor Urofsky shares insights on Justice Brandeis’s jurisprudence, and why he consistently ranks among the three most influential Supreme Court justices in American history. They discuss his understanding of American constitutionalism, and how he interpreted the law to diminish consolidated financial and federal power, what he called the “curse of bigness” – big banks and business monopolies, as well as big government. They also explore Brandeis’s dissenting opinion in the U.S. Supreme Court case New State Ice Co. v. Liebmann, perhaps the best-known 20th-century articulation of the role of the states as “laboratories of democracy” under our federal constitutional system. They delve into some of the most influential dissenting opinions in U.S. Supreme Court history. For example, Justice John Marshall Harlan, the lone dissenter in the Court’s infamous 1896 Plessy v. Ferguson case, offered legal views that would later lead to the landmark 1954 Brown v. Board of Education decision overturning “separate but equal.” Professor Urofsky also offers thoughts from his 2020 book, The Affirmative Action Puzzle: A Living History from Reconstruction to Today, on one of the thorniest political and legal topics of our era. He concludes the interview with a reading from Justice Brandeis’s concurring opinion in defense of free speech in Whitney v. California.

Stories of the Week: Cara and Gerard discuss National Charter Schools Week, and this education sector’s success in improving opportunity for underserved students. In Florida, nearly 95 percent of seniors enrolled in the state’s Tax Credit Scholarship program graduated from high school during the 2019-20 school year, the second highest graduation rate since they began tracking it in 2015. A new study of admissions at 99 colleges shows that despite adopting test-optional policies to increase diversity, the share of low-income students or students of color at these colleges has risen by only a percentage point.

Guest

Melvin Urofsky is Professor of History Emeritus at Virginia Commonwealth University. He is the author or editor of more than 50 books and many articles. Among his works are the prize-winning Louis D. Brandeis: A Life (2009), Dissent and the Supreme Court (2015), and most recently The Affirmative Action Puzzle (2020). He is also the long-time editor of the Journal of Supreme Court History. He, his wife Susan, and their dog Simba live in Gaithersburg, Maryland.

The next episode will air on Wednesday, May 19th, 2021 at 12 pm ET with guest, Rafe Esquith, a retired, award-winning teacher at Hobart Elementary School in Los Angeles, and the founder of The Hobart Shakespeareans, who annually stage performances of unabridged plays by William Shakespeare.

Tweet of the Week:

News Links:

FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM RECORDS 94.5% GRADUATION RATE FOR 2019-20

https://www.redefinedonline.org/2021/05/florida-tax-credit-scholarship-program-records-94-5-graduation-rate-for-2019-20/

PROOF POINTS: Test-optional policies didn’t do much to diversify college student populations
https://hechingerreport.org/proof-points-test-optional-policies-didnt-do-much-to-diversify-college-student-populations/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+HechingerReport+%28Hechinger+Report%29

 

Get new episodes of The Learning Curve in your inbox!

“The Last Candid Man”: B.U.’s Dr. John Silber

0 Comments
/
This week on The Learning Curve, Cara and Gerard talk with Rachel Silber Devlin about her memoir, Snapshots of My Father, John Silber, which captures the wide-ranging and remarkable life of the late philosopher, teacher, and president of Boston University.

OECD’s Andreas Schleicher on PISA & K-12 Global Education

0 Comments
/
This week on The Learning Curve, Andreas Schleicher, Director for Education and Skills at the Organisation for Economic Co-operation and Development (OECD), discusses global K-12 education, skills, and competition.

India Unbound: Gurcharan Das on the Rise of the World’s Largest Free-Market Democracy

0 Comments
/
This week on The Learning Curve, Gurcharan Das, author, public intellectual, and former CEO of Procter & Gamble India, discusses the rise of India since independence to become a thriving, incredibly diverse nation of 1.4 billion people—the world's largest free-market democracy.

Dr. Deborah Plant on Zora Neale Hurston’s Barracoon: The Story of the Last “Black Cargo”

0 Comments
/
This week on The Learning Curve, Dr. Deborah Plant, editor of the 2018 book Barracoon: The Story of the Last “Black Cargo" discusses Zora Neale Hurston's work as an anthropologist telling the story of one of the last survivors of the infamous Middle Passage.

George Weigel Discusses Pope St. John Paul II for National Catholic Schools Week

0 Comments
/
This week on The Learning Curve, George Weigel, the biographer of Pope St. John Paul II explores how Karol Wojtyla's education, deep faith, and experiences during World War II shaped his life as a spiritual leader and helped lead to the fall of Communism.

Award-Winning UK Author & Filmmaker Laurence Rees on the Holocaust, Auschwitz, and Remembrance

0 Comments
/
To mark International Holocaust Remembrance Day, Laurence Rees, a former head of BBC TV History Programmes and author of The Holocaust: A New History, sheds light on Germany in the 1920s and 1930s and the cultural and political conditions that led to the Holocaust.

D.C.’s Kevin Chavous on National School Choice Week

0 Comments
/
This week on The Learning Curve, Cara and Gerard talk with Kevin Chavous, president of Stride K12, Inc. and a former member of the Council of the District of Columbia, on the growing movement toward school choice in education. Chavous discusses recent Supreme Court rulings and the expansion of school choice programs, education savings accounts, and vouchers.

Pulitzer Winner Prof. David Garrow on the Rev. Dr. Martin Luther King, Jr. and the Civil Rights Movement

0 Comments
/
https://chrt.fm/track/4655F8/api.spreaker.com/download/episode/53284998/tlc_davidgarrow.mp3 This…

Independent Institute’s Dr. Richard Vedder on Higher Education, Skyrocketing Tuitions, & the Student Debt Crisis

This week on “The Learning Curve," co-hosts Cara Candal and Gerard Robinson talk with Dr. Richard Vedder, Senior Fellow at the Independent Institute and Distinguished Emeritus Professor of Economics at Ohio University. He shares analysis on the macro impact of COVID on the U.S. labor market, and the long-term economic prospects of American college students. He reviews insights from his recent book, "Restoring the Promise: Higher Education in America."

Columbia’s Prof. Roosevelt Montás on the Great Books & a Liberal Arts Education

Professor Roosevelt Montás, Director of the Freedom and Citizenship Program at Columbia University, and author of Rescuing Socrates: How the Great Books Changed My Life and Why They Matter for a New Generation, shares his immigrant story and what inspired his appreciation for the Great Books tradition.