Russell, Harvard, and the 1940 William James Lectureship
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The Origins of the Imperial Presidency and the Framework for Executive Power, 1933-1960
Western Michigan University ScholarWorks at WMU Dissertations Graduate College 4-2013 Building A House of Peace: The Origins of the Imperial Presidency and the Framework for Executive Power, 1933-1960 Katherine Elizabeth Ellison Western Michigan University, [email protected] Follow this and additional works at: https://scholarworks.wmich.edu/dissertations Part of the Political History Commons, and the United States History Commons Recommended Citation Ellison, Katherine Elizabeth, "Building A House of Peace: The Origins of the Imperial Presidency and the Framework for Executive Power, 1933-1960" (2013). Dissertations. 138. https://scholarworks.wmich.edu/dissertations/138 This Dissertation-Open Access is brought to you for free and open access by the Graduate College at ScholarWorks at WMU. It has been accepted for inclusion in Dissertations by an authorized administrator of ScholarWorks at WMU. For more information, please contact [email protected]. BUILDING A HOUSE OF PEACE: THE ORIGINS OF THE IMPERIAL PRESIDENCY AND THE FRAMEWORK FOR EXECUTIVE POWER, 1933-1960 by Katherine Elizabeth Ellison A dissertation submitted to the Graduate College in partial fulfillment of the requirements for the degree of Doctor of Philosophy Department of History Western Michigan University April 2013 Doctoral Committee: Edwin A. Martini, Ph.D., Chair Sally E. Hadden, Ph.D. Mark S. Hurwitz, Ph.D. Kathleen G. Donohue, Ph.D. BUILDING A HOUSE OF PEACE: THE ORIGINS OF THE IMPERIAL PRESIDENCY AND THE FRAMEWORK FOR EXECUTIVE POWER, 1933-1960 Katherine Elizabeth Ellison, Ph.D. Western Michigan University, 2013 This project offers a fundamental rethinking of the origins of the imperial presidency, taking an interdisciplinary approach as perceived through the interactions of the executive, legislative, and judiciary branches of government during the 1930s, 1940s, and 1950s. -
Fortress of Liberty: the Rise and Fall of the Draft and the Remaking of American Law
Fortress of Liberty: The Rise and Fall of the Draft and the Remaking of American Law Jeremy K. Kessler∗ Introduction: Civil Liberty in a Conscripted Age Between 1917 and 1973, the United States fought its wars with drafted soldiers. These conscript wars were also, however, civil libertarian wars. Waged against the “militaristic” or “totalitarian” enemies of civil liberty, each war embodied expanding notions of individual freedom in its execution. At the moment of their country’s rise to global dominance, American citizens accepted conscription as a fact of life. But they also embraced civil liberties law – the protections of freedom of speech, religion, press, assembly, and procedural due process – as the distinguishing feature of American society, and the ultimate justification for American military power. Fortress of Liberty tries to make sense of this puzzling synthesis of mass coercion and individual freedom that once defined American law and politics. It also argues that the collapse of that synthesis during the Cold War continues to haunt our contemporary legal order. Chapter 1: The World War I Draft Chapter One identifies the WWI draft as a civil libertarian institution – a legal and political apparatus that not only constrained but created new forms of expressive freedom. Several progressive War Department officials were also early civil libertarian innovators, and they built a system of conscientious objection that allowed for the expression of individual difference and dissent within the draft. These officials, including future Supreme Court Justices Felix Frankfurter and Harlan Fiske Stone, believed that a powerful, centralized government was essential to the creation of a civil libertarian nation – a nation shaped and strengthened by its diverse, engaged citizenry. -
Yearbook 1988 Supreme Court Historical Society
YEARBOOK 1988 SUPREME COURT HISTORICAL SOCIETY OLIVER WENDELL HOLMES, JR. Associate Justice, 1902-1933 YEARBOOK 1988 SUPREME COURT HISTORICAL SOCIETY OFFICERS Warren E. Burger Chief Justice of the United States (1969-1986) Honorary Chainnan Kenneth Rush, Chainnan Justin A. Stanley, President PUBLICATIONS COMMITTEE Kenneth S. Geller, Chainnan Alice L. O'Donnell E. Barrett Prettyman, Jr. Michael Cardozo BOARD OF EDITORS Gerald Gunther Craig Joyce Michael W. McConnell David O'Brien Charles Alan Wright STAFF EDITORS Clare H. Cushman David T. Pride Barbara R. Lentz Kathleen Shurtleff CONSULTING EDITORS James J. Kilpatrick Patricia R. Evans ACKNOWLEDGEMENT The Officers and Trustees of the Supreme Court Historical Society would like to thank the Charles Evans Hughes Foundation for its generous support of the publication of this Yearbook. YEARBOOK 1988 Supreme Court Historical Society Establishing Justice 5 Sandra Day O'Connor Perspectives on Oliver Wendell Holmes, Jr. Self-Preference, Competition and the Rule of Force: The Holmesian Legacy 11 Gary Jan Aichele Sutherland Remembers Holmes 18 David M. O'Brien Justice Holmes and Lady C 26 John S. Monagan Justice Holmes and the Yearbooks 37 Milton C Handler and Michael Ruby William Pinkney: The Supreme Court's Greatest Advocate 40 Stephen M. Shapiro Harper's Weekly Celebrates the Centennial of the Supreme Court 46 Peter G. Fish Looking Back on Cardozo Justice Cardozo, One-Ninth of the Supreme Court 50 Milton C Handler and Michael Ruby Judging New York Style: A Brief Retrospective of Two New York Judges 60 Andrew L. Kaufman Columbians as Chief Justices: John Jay, Charles Evans Hughes, Harlan Fiske Stone 66 Richard B. -
John Dewey, Historiography, and the Practice of History. Seth J
East Tennessee State University Digital Commons @ East Tennessee State University Electronic Theses and Dissertations Student Works 5-2009 John Dewey, Historiography, and the Practice of History. Seth J. Bartee East Tennessee State University Follow this and additional works at: https://dc.etsu.edu/etd Part of the Other History Commons Recommended Citation Bartee, Seth J., "John Dewey, Historiography, and the Practice of History." (2009). Electronic Theses and Dissertations. Paper 1859. https://dc.etsu.edu/etd/1859 This Thesis - Open Access is brought to you for free and open access by the Student Works at Digital Commons @ East Tennessee State University. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Digital Commons @ East Tennessee State University. For more information, please contact [email protected]. John Dewey, Historiography, and the Practice of History _____________________ A thesis presented to the faculty of the Department in History East Tennessee State University In partial fulfillment of the requirements for the degree Masters of Arts in History _____________________ by Seth J. Bartee May 2009 _____________________ Dr. Melvin E. Page, Chair Dr. Daniel Newcomer Dr. William Burgess Dr. Stephen Fritz Keywords: John Dewey, Pragmatism, Historiography, Personhood, Instrumentalism ABSTRACT John Dewey, Historiography, and the Practice of History by Seth J. Bartee John Dewey was America‟s foremost authority on many of the critical issues in the twentieth century. Dewey dedicated his professional career as an expert on the major branches of philosophy. A neglected aspect of Dewey‟s philosophy is his writings on historiography, the philosophy of history, and his influence on American historians. -
A History of Global Governance
2 A History of Global Governance It is the sense of Congress that it should be a fundamental objective of the foreign policy of the United States to support and strengthen the United Nations and to seek its development into a world federation open to all nations with definite and limited powers adequate to preserve peace and prevent aggression through the enactment, interpretation and enforcement of world law. House Concurrent Resolution 64, 1949, with 111 co-sponsors There are causes, but only a very few, for which it is worthwhile to fight; but whatever the cause, and however justifiable the war, war brings about such great evils that it is of immense importance to find ways short of war in which the things worth fighting for can be secured. I think it is worthwhile to fight to prevent England and America being conquered by the Nazis, but it would be far better if this end could be secured without war. For this, two things are necessary. First, the creation of an international government, possessing a monopoly of armed force, and guaranteeing freedom from aggression to every country; second, that wars (other than civil wars) are justified when, and only when, they are fought in defense of the international law established by the international authority. Wars will cease when, and only when, it becomes evident beyond reasonable doubt that in any war the aggressor will be defeated. 1 Bertrand Russell, “The Future of Pacifism” By the end of the 20th century, if not well before, humankind had come to accept the need for and the importance of various national institutions to secure political stability and economic prosperity. -
United Nations and World Government, 1967-1970, Part 8
GRENVILLE CLARK INSTITUTE FOR WORLD LAW Woodstock, Connecticut, 06281 The Grenville Clark Institute for World Law is the successor to the Dublin Conference Group, which comprised seventy-nine United States citizens who participated in the Second Dublin Conference of October, 1965 and its second meeting in New York in May, 1966. The Second Dublin Declara tion, issued by the Group, reaffirmed the conclusions of the first Dublin Conference of October, 1945 that the only effective means to establish genuine peace and justice is a world federation empowered to enforce world law against international war_ GRENVILLE CLARK May 11, 1967 ( 1882 -1967) Council THOMAS H. MAHONY, Hon. Walter F. Mondale Chairman DOUGLAS ARANT Senate Office Building MRS_ MILDRED R_ BLAKE Washington, D. C. MRS. WILLIAM W. BRAY HENRY B. CABOT GR ENVILLE CLA RK, JR. Dear Senator Mondale: R ANDOLPH P. COMPTON R EV. ROBERT F. DRINA ,S.J W_ H . FERRY I enclose a copy of the Declaration of The Second Dublin H UDSON HOAGLAND HARRY B. HOLLINS Conference on the essentials of an effective world organization WALTER J. LEONARD to prevent war. This statement was drafted at two meetings, one MRS. EDWARD W. McVITTY .J. A. MIGEL at Dublin, New Hampshire, in October, 1965, and the other in GERARD PIEL New York City in May, 1966. It is a document which we believe STANLEY K. PLATT GABRIEL REINER could, with effective implementation, give a new impetus to the ROBERT H . RE 0 world-wide movement to prevent war and to establish a just and WILLIAM G. SAL TONST ALL LOUIS B. -
Judicial Genealogy (And Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts
The Judicial Genealogy (and Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts BRAD SNYDER* During his Supreme Court nomination hearings, John Roberts idealized and mythologized the first judge he clerkedfor, Second Circuit Judge Henry Friendly, as the sophisticated judge-as-umpire. Thus far on the Court, Roberts has found it difficult to live up to his Friendly ideal, particularlyin several high-profile cases. This Article addresses the influence of Friendly on Roberts and judges on law clerks by examining the roots of Roberts's distinguishedyet unrecognized lineage of former clerks: Louis Brandeis 's clerkship with Horace Gray, Friendly's clerkship with Brandeis, and Roberts's clerkships with Friendly and Rehnquist. Labeling this lineage a judicial genealogy, this Article reorients clerkship scholarship away from clerks' influences on judges to judges' influences on clerks. It also shows how Brandeis, Friendly, and Roberts were influenced by their clerkship experiences and how they idealized their judges. By laying the clerkship experiences and career paths of Brandeis, Friendly, and Roberts side-by- side in detailed primary source accounts, this Article argues that judicial influence on clerks is more professional than ideological and that the idealization ofjudges and emergence of clerks hips as must-have credentials contribute to a culture ofjudicial supremacy. * Assistant Professor, University of Wisconsin Law School. Thanks to Eleanor Brown, Dan Ernst, David Fontana, Abbe Gluck, Dirk Hartog, Dan -
Managing Through Law Firm Crisis
LEADING IN THE FACE OF LAW FIRM CRISIS An Experiential Guidebook For Our Times The COVID-19 pandemic has had an enormous impact on businesses world-wide. Law firms have been no exception. A relative handful of firms are enjoying an increase in demand for their services. For these firms, primary challenges relate to maintaining a safe work environment whether through working from home or modifying personal interaction at the office. For many firms, however, the business disruption includes a decline in work (and corresponding revenue) to an unknown degree for an unknown duration. Many of those firms find themselves in crisis. The following case studies, analysis, observations are offered as historical perspective on the role of leadership in the midst of crisis. In particular, we’ve zeroed in on the challenges related to maintaining stability and liquidity that many law firm leaders now find themselves waking to each day. 2 of 41 WHAT HAPPENED? EXPLORING THE WAKE OF MAN-MADE DISASTERS It seems that scarcely a month passes without news of immeasurable catastrophe in the wake of natural disaster. Tornadoes, hurricanes, earthquakes, and tsunamis can, in the blink of an eye, alter life in unimaginable ways. Aware of the potential consequences, we tend to keep a watchful eye for any early warning signs of such events. And then there are those disasters that are of our own making. Oil spills, breached levees, and economic shell games can pack an equally heavy punch. The tragedy, of course, is that these disasters bear our fingerprints and are to some degree avoidable. -
Ld1 in PURSUIT of TRUTH
IN PURSUIT OF TRUTH Essays on the Philosophy of Karl Popper on the Occasion of His 80th Birthday Edited by PA UL LEVINSON \ with Fore words by (t 21). Isaac Asimov and Helmut Schmidt Chancellor, Federal Republic of Germany I1b2. f'.- t4 z;-Ld1 HUMANITIES PRESS INC. Atlantic Highlands, NJ 248 liv PURSUIT OP TROT/I hope and no proof is Stoicism and Judeo-Christian religion, in which irrationalism and stoicism alternate. Yet there is no inconsistency in the philosophy of hope without proof, especially as a moral injunction to oiler the benefit of doubt wherever at all possible. Now, the philosophy of hope without proof is not exactly Popper's. It began with T. H. Huxley, the famous militant Darwinian, and H. C. Wells. Its best expression is in Bertrand Russell's Free A Popperian Harvest0 Man's Worship," the manifesto of hope born out of despair, clinging to both despair and reason most heroically. This famous paper, published in Russell's W. W. BARTLEY, III Philosophical Essays of 1910, is a sleeper. It was hardly noticed by It is by its methods rather than its subject-matter that philosophy contemporaries and followers, yet now it is the expression of current religion, is to be distinguished from other arts or sciences. ofcurrent scientific ethos. Here, I think, Popper's philosophy of science gave it A. J. Ayer, 1955' substance. Philosophers arc as free as others to use any method in searching Or perhaps Russell's "Free Man's Worship" gives Popper's philosophy of truth. There is no tnethod peculiar to philosophy. -
Comments on Donald T. Campbell's
Contents W. Callebaut/R. Riedl 2 Preface Donald T. Campbell 5 From Evolutionary Epistemology Via Selection Theory to a Sociology of Scientific Validity Linnda R. Caporael 39 Vehicles of Knowledge: Artifacts and Social Groups W. D. Christensen/C. A. Hooker 44 Selection Theory, Organization and the Development of Knowledge Andy J. Clark 49 Evolutionary Epistemology and the Scientific Method Ed Constant 55 Comments on Donald T. Campbell’s “From Evolutionary Epistemology Via Selection Theory to a Sociology of Scientific Validity” Steve Fuller 58 Campbell’s Failed Cultural Materialism Francis Heylighen 63 Objective, Subjective, and Intersubjective Selectors of Knowledge Aharon Kantorovich 68 The Rationality of Innovation and the Scientific Community as a Carrier of Knowledge Elias L. Khalil 71 Can Artificial Selection Remedy the Failing of Natural Section with Regard to Scientific Validation? Kyung-Man Kim 75 D. T. Campbell’s Social Epistemology of Science Marc De Mey 81 Vision as Paradigm: From VTE to Cognitive Science Erhard Oeser 85 The Two-stage Model of Evolutionary Epistemology Henry Plotkin 89 Knowledge and Adapted Biological Structures Massimo Stanzione 92 Campbell, Hayek and Kautsky on Societal Evolution Franz M. Wuketits 98 Four (or Five?) Types of Evolutionary Epistemology Evolution and Cognition: ISSN: 0938-2623 Published by: Konrad Lorenz Institut für Evolutions- und Kognitionsforschung, Adolf-Lorenz-Gasse 2, A-3422 Alten- Impressum berg/Donau. Tel.: 0043-2242-32390; Fax: 0043-2242-323904; e-mail: [email protected]; World Wide Web: http://www.kla.univie.ac.at/ Chairman: Ru- pert Riedl Managing Editor: Manfred Wimmer Layout: Alexander Riegler Aim and Scope: “Evolution and Cognition” is an interdisciplinary forum devoted to all aspects of research on cognition in animals and humans. -
World Peace Through World Law by Grenville Clark and Louis B. Sohn Robert E
Case Western Reserve Law Review Volume 10 | Issue 1 1959 World Peace Through World Law by Grenville Clark and Louis B. Sohn Robert E. Bingham Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Robert E. Bingham, World Peace Through World Law by Grenville Clark and Louis B. Sohn, 10 Wes. Res. L. Rev. 185 (1959) Available at: https://scholarlycommons.law.case.edu/caselrev/vol10/iss1/8 This Book Review is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 1959) BOOK REVIEWS Book Reviews WORLD P.EAcx THROUGH WOILD LAW, by GRNVMLLE CLARK AND Louis B. SoHN. Harvard University Press, 1958, 525 pages, $7.50. For the first tme, we have available to the public a comprehensive and detailed plan for revising the United Nations Charter to establish legislative, executive and judicial institutions backed by a strong world police force for the prevention of war. Aided by a Ford Foundation grant, this monumental work appears at a time when leading statesmen and thinkers throughout the world are echoing the necessity for world law. The need having been widely recognized, we are fortunate in hav- ing a blueprint from two such able and well qualified authors to form a basis for the extensive discussions which will inevitably be required be- fore truly effective world institutions for the maintenance of peace can be accepted by the peoples of the world. -
Zechariah Chafee, Jr.: Defender of Liberty and Law
BOOK REVIEWS ZECHARIAH CHAFEE, JR.: DEFENDER OF LIBERTY AND LAW. By Donald L. Smith.1 Cambridge, Ma.: Harvard University Press. 1986. Pp. x, 355. $25.00. Michael E. Parrish 2 Zechariah Chafee, Jr., the scion of a wealthy Rhode Island manufacturing family, was a distinguished member of the faculty at the Harvard Law School, where he taught Equity and Bills and Notes for forty years. He was the chief draftsman of the Inter pleader Act of 1937, one of our more arcane federal statutes, which brought a measure of order to the complex legal universe involving multiple claims for the same debt against insurance companies, banks, storage warehouses, and similar businesses. Had he not also plunged into a few of this century's most controversial civil liberties debates, however, it is doubtful that Chafee's sudden death in 1957 would have generated more than a short obituary and his life, though exemplary, would not have merited a biography of this length. But when he was gone, the Chicago Tribune captioned its story, "PROF. CHAFEE, DEFENDER OF LEFfiSTS, DIES," and J. Edgar Hoover himself closed the professor's FBI file with a short, disparaging note. Chafee entered the history books forever between 1918 and 1920, when he published a series of articles in The New Republic and the Harvard Law Review that strongly criticized federal prose cution of war-time dissenters under the Espionage and Sedition Acts and the supine behavior of most of the federal judges who either presided at these trials or sustained the convictions on appeal. These articles became the basis for his celebrated book, Freedom of Speech, which appeared in 1920.