Notre Dame Law Review Volume 89 | Issue 4 Article 3 3-2014 Alien Tort Litigation: The Road Not Taken William S. Dodge University of California Hastings College of Law,
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[email protected]. \\jciprod01\productn\N\NDL\89-5\NDL503.txt unknown Seq: 1 28-MAY-14 8:37 FROM PROGRESSIVISM TO MODERN LIBERALISM: LOUIS D. BRANDEIS AS A TRANSITIONAL FIGURE IN CONSTITUTIONAL LAW David E. Bernstein* INTRODUCTION Many early-twentieth-century Progressives1 believed that the Constitu- tion reflected anachronistic liberal individualism and natural rights ideol- ogy.2 Occasional judicial decisions that thwarted their favored reforms © 2014 David E Bernstein. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice. * George Mason University Foundation Professor, George Mason University School of Law. Barry Cushman, Jim Ely, William Kelley, Ken Kersch, Melvin Urofsky, and Laura Weinrib provided helpful commentary on this Article, and the George Mason University Law and Economics Center provided generous financial support. The author also benefited from discussion at the Notre Dame Law Review’s 2013 symposium held on November 1, 2013.