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

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!

U-Ark Prof. Jay Greene & EdChoice’s Jason Bedrick on Yeshivas vs. New York & Religious Liberty

/
This week on “The Learning Curve,” Cara and Gerard are joined by Jay Greene, the Distinguished Professor and Chair of the Department of Education Reform at the University of Arkansas, and Jason Bedrick, the Director of Policy for EdChoice. They discuss their timely new book, Religious Liberty and Education: A Case Study of Yeshivas vs. New York, about the recent battle between Orthodox Jewish private schools and New York's state government over the content of instruction.

Michelle Rhee, Former Chancellor, D.C. Public Schools, on Leading Urban District Reform & the COVID-19 Moment

/
This week on “The Learning Curve,” Cara and guest co-host Kerry McDonald are joined by Michelle Rhee, founder and former CEO of StudentsFirst and prior to that, former chancellor of the District of Columbia Public Schools (DCPS). 

Award-Winning Author Devery Anderson on the 65th Anniversary of the Murder of Emmett Till

/
This week on “The Learning Curve,” Cara and Gerard are joined by Devery Anderson, the author of Emmett Till: The Murder That Shocked the World and Propelled the Civil Rights Movement. Today, August 28th, marks the 65th anniversary of the brutal murder of 14-year old Emmett Till, a story which is central to understanding America's ongoing struggle for civil rights and racial justice.

Christensen Institute’s Julia Freeland Fisher on K-12 Disruptive Innovation, Professional Networks, & Social Mobility

/
This week on “The Learning Curve,” Cara and Gerard are joined by Julia Freeland Fisher, director of education research at the Clayton Christensen Institute.

President of D.C.’s AppleTree Institute, Jack McCarthy on Charter Schools and Fall Reopening

/
This week on “The Learning Curve,” Cara and Gerard are joined by Jack McCarthy, president and CEO of AppleTree Institute for Education Innovation and board chair of AppleTree Early Learning Public Charter School. Jack shares what animated him to establish this highly innovative early childhood charter public school network that serves the most vulnerable children in Washington, D.C.

“Call Me Ishmael” Melville Scholar Prof. Hershel Parker on Moby-Dick & Classic Literature

/
This week on “The Learning Curve,” Gerard and guest co-host Kerry McDonald, senior education fellow with the Foundation for Economic Education, are joined by Hershel Parker, the H. Fletcher Brown professor emeritus at the University of Delaware and the definitive biographer of the 19th-century American novelist, Herman Melville.

NYT #1 Best-Selling Science Author, Dava Sobel on Copernicus, Galileo’s Daughter, & Astronomy

/
This week on “The Learning Curve,” Cara and Gerard are joined by Dava Sobel, a former New York Times science reporter, and author of Longitude, Galileo’s Daughter, and Letters to Father. Dava describes what inspired her interest in some of the most gifted mathematicians and astronomers in history, including Copernicus and Galileo, and the tensions between religion and science.

Widow of Civil Rights Icon, Dr. Sephira Shuttlesworth on Desegregating Schools & Racial Equity

/
This week on “The Learning Curve,” Cara and Gerard are joined by Dr. Sephira Shuttlesworth, a retired teacher and charter school leader, and the widow of the late Birmingham, Alabama, civil rights leader, the Rev. Fred Shuttlesworth.

WSJ Children’s Book Critic & Author, Meghan Cox Gurdon on Reading Aloud to Children in the Age of Distraction

/
This week on “The Learning Curve,” Cara and Gerard are joined by Meghan Cox Gurdon, the Wall Street Journal’s children’s book reviewer and author of The Enchanted Hour: The Miraculous Power of Reading Aloud in the Age of Distraction.

Boston Uni.’s Dr. Charles Glenn on School Choice, Civil Rights, & Espinoza

/
This week on “The Learning Curve,” Cara and Gerard are joined by Dr. Charles Glenn, Professor Emeritus of Educational Leadership and Policy Studies at Boston University. Dr. Glenn shares his early experiences in the Civil Rights movement, and how it inspired his work to expand school choice, as well as his thoughts on the Espinoza Supreme Court case's impact on racial justice and religious liberty.