Curious Concurrence: Justice Brandeis’s Vote in Whitney v California

@article{Collins2005CuriousCJ,
  title={Curious Concurrence: Justice Brandeis’s Vote in Whitney v California},
  author={Ronald K. L. Collins and David M. Skover},
  journal={The Supreme Court Review},
  year={2005},
  volume={2005},
  pages={333 - 397}
}
A piece of jurisprudential sleuthing, this article uncovers the back story for a puzzle unanswered by legal historians for some eighty years: Why would the free-speech libertarian Louis Brandeis write the most famous paean to First Amendment normative values in his opinion in Whitney v. United States, and yet join (by way of a concurring opinion) the judgment of the majority of the Court that would have sent the "patrician radical" Anita Whitney to prison for a 14-year term solely for… 
3 Citations

Uphill All the Way: The Fortunes of Progressivism, 1919-1929

Uphill All the Way: The Fortunes of Progressivism, 1919-1928 Kevin C. Murphy With very few exceptions, the conventional narrative of American history dates the end of the Progressive Era to the

Privacy as Trust: Sharing Personal Information in a Networked World

This Article is the first in a series on the legal and sociological aspects of privacy, arguing that private contexts are defined by relationships of trust among individuals. The argument reorients

Fletcher, Whitney, and the Art of Disagreement