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!

Award-Winner Tom Segev on Israel’s Founding Father, David Ben-Gurion

Dr. Segev delves into the life and legacy of David Ben-Gurion, Israel's founding father. He shares insights into Ben-Gurion’s early years in Poland, his involvement in Zionist politics, and immigration to Palestine in 1906, which set the stage for his leadership during pivotal moments in history. Segev covers Ben-Gurion's rise to prominence, his role in forming the Zionist Labor Federation, and the strategies he employed during the 1936-39 Arab revolt. Additionally, Segev examines Ben-Gurion's historic leadership in declaring Israel's independence in 1948, the unification of Jewish militias into the Israeli Defense Forces, and the implications of the Arab-Israeli War.

Lynch Foundation’s Katie Everett on School Finance Model for Catholic Schools & School Choice

This week on The Learning Curve, co-hosts U-Arkansas Prof. Albert Cheng and Mike Goldstein interview Katie Everett, the Executive Director of the Lynch Foundation. Ms. Everett shares her journey into K-12 education reform and discusses the influential vision of Carolyn and Peter Lynch, and their foundation's role in shaping education policy in Massachusetts and beyond.

MA Teacher James Conway & High School Grad Ela Gardiner on MCAS Testing

The Learning Curve, co-hosts U-Arkansas Prof. Albert Cheng and Meredith Coolidge of DFER - MA interview James Conway, a World History and Psychology teacher at Revere High School, and Ela Gardiner, a freshman at Hobart and William Smith Colleges and Wellesley High School alumna.

Edward Achorn on Abraham Lincoln, the Civil War, & Slavery

This week on The Learning Curve, co-hosts Charlie Chieppo and Ret. MN Justice Barry Anderson interview Edward Achorn, a noted writer, historian, and author of "Every Drop of Blood: The Momentous Second Inauguration of Abraham Lincoln" and "The Lincoln Miracle: Inside the Republican Convention That Changed History". Achorn shares insights into Lincoln's improbable political rise and the critical events leading to his 1860 Republican presidential nomination, including his strategic maneuvering following his defeat in the 1858 Illinois Senate race.

PRI’s Lance Izumi on The Great Classroom Collapse

Lance Izumi delves into his latest book, "The Great Classroom Collapse: Teachers, Students, and Parents Expose the Collapse of Learning in America's Schools". He discusses why, despite decades of education reforms and vast spending, many American students remain underprepared in critical subjects like reading and math.

AFC’s Denisha Allen on School Choice & Black Minds Matter

Denisha shares her journey and the motivations behind founding Black Minds Matter, a national movement dedicated to celebrating Black excellence and promoting high-quality educational options for Black students. She delves into the politics of urban school reform, highlighting the challenges posed by race and class-based achievement gaps and the political influence of teachers' unions.

UK’s Prof. Richard Holmes on Coleridge, the Ancient Mariner, & Poetry

Prof. Holmes delves into the life and literary legacy of Samuel Taylor Coleridge, one of the most significant poets of the Romantic era. Holmes offers a comprehensive overview of Coleridge's early education, highlighting how classical learning deeply influenced his worldview and writings.

NYT’s Anupreeta Das on Bill Gates, Microsoft, & Tech Billionaires

NYT’s South Asia correspondent, Anupreeta Das discusses how she became interested in writing her acclaimed biography, Billionaire, Nerd, Savior, King: Bill Gates and His Quest to Shape Our World, emphasizing Gates’ corporate and philanthropic influence on our era.

National Alliance’s Starlee Coleman on Public Charter Schools

Starlee Coleman discusses her role as CEO of the Texas Public Charter Schools Association, highlighting the growth of charter schools in Texas, as well as the broader efforts to expand school choice.

Houston Supt. Mike Miles & Urban School Reform

Mr. Miles reflects on his lifelong dedication to public service, starting as a soldier, then a diplomat, and later as an educational leader. He shares insights into his family background and formative experiences that shaped his commitment to serving the public.