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!

Smith College’s Carol Zaleski on The Lord of the Rings & Narnia

Prof. Carol Zaleski discusses the literary impact of the Inklings, focusing on J.R.R. Tolkien and C.S. Lewis, exploring their lives, works, and enduring moral contributions in today's cultural landscape.

Emily Hanford on Reading Science & K-12 Literacy

Emily Hanford, host of the hit podcast Sold a Story: How Teaching Kids to Read Went So Wrong, discusses the science of reading, the long whole language v. phonics debate, the impact of the digital age on learning, and the importance of academic background knowledge for children becoming better readers.

Francine Klagsbrun on Golda Meir’s Leadership and the State of Israel

This week on The Learning Curve, Francine Klagsbrun, author of "Lioness: Golda Meir and the Nation of Israel," discusses the remarkable life and legacy of the woman who left Kiev as a child, grew up in Milwaukee, emigrated to Mandatory Palestine, was a signatory to the declaration of independence for the state of Israel, and rose to become that nation's fourth prime minister.

Hillsdale’s Dr. Kathleen O’Toole on K-12 Classical Education

Dr. O'Toole explores Hillsdale's mission and its impact on K-12 education, delving into classical education, Greco-Roman ideals, Enlightenment principles, and the college’s efforts to enhance education. She discusses the challenges faced in exporting Hillsdale's model to K-12 public schooling, critiques of American education, and the role of the liberal arts in fostering academic unity amidst societal divisions.

National Alliance’s Nina Rees on Charter Public Schools in America

Prof. Albert Cheng and Charlie Chieppo interview Nina Rees from the National Alliance for Public Charter Schools on policy gains, charter school growth, challenges, debates, federal spending, and academic recommendations.

Harvard Prof. Leo Damrosch on Jonathan Swift & Gulliver’s Travels

Harvard Prof. Leo Damrosch discusses Jonathan Swift's satirical genius, political critiques, and literary legacy. He emphasizes Swift's wit, insights, and commitment to liberty, and closes the interview with a reading from his book, Jonathan Swift: His Life and His World.

Vanderbilt’s Dr. Carol Swain on U.S. History, Race, & 1776 Unites

Dr. Carol Swain, a political scientist, discusses her background, experiences with discrimination, faith's role in justice, and her work with 1776 Unites and public intellectuals on The Learning Curve podcast.

Leslie Klinger on Sherlock Holmes, Horror Stories, & Halloween

Mr. Klinger discusses Sir Arthur Conan Doyle's Sherlock Holmes, Edgar Allan Poe's influence on the detective genre, and the significance of 19th-century horror stories such as Dracula, Frankenstein, and Dr. Jekyll and Mr. Hyde in popular culture.

Pioneer’s U.S. History & Civics Book with Chris Sinacola

Chris Sinacola discusses Pioneer's new book "Restoring the City on a Hill: U.S. History & Civics in America's Schools" based on U.S. K-12 history and civics education, highlighting declining standards, leadership importance, crisis, primary sources, and state profiles, underscoring academic content's value.

Prof. Jeff Broadwater on George Mason, Federalism, & the Bill of Rights

Prof. Broadwater delves into Mason's views on constitutionalism, federalism, leadership among Anti-Federalists, and concerns regarding emerging commercial interests. He emphasizes Mason's belief in civic virtue as the bedrock of American self-governance and even provides a reading from his biography on George Mason.