The first publication of an extensive correspondence between two of the century's greatest American jurists.

By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.

Why, if Alger Hiss was guilty of espionage, did he invite close scrutiny of his life and career by devoting so much of his time to proving his innocence? And how, without producing any new evidence, was he able to convince many he was not a spy? This book examines his life in the light of the evidence of his complicity.

Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.

This work will serve as the authoritative reference text on the Supreme Court during the period of 1921 to 1930, when William Howard Taft was Chief Justice. It will become a point of common reference across multiple disciplines, including history, law, and political science.

In 1912, a group of ambitious young men, including future Supreme Court justice Felix Frankfurter and future journalistic giant Walter Lippmann, became disillusioned by the sluggish progress of change in the Taft Administration. The individuals started to band together informally, joined initially by their enthusiasm for Theodore Roosevelt's Bull Moose campaign. They self-mockingly called the 19th Street row house in which they congregated the "House of Truth," playing off the lively dinner discussions with frequent guest (and neighbor) Oliver Wendell Holmes, Jr. about life's verities. Lippmann and Frankfurter were house-mates, and their frequent guests included not merely Holmes but Louis Brandeis, Herbert Hoover, Herbert Croly - founder of the New Republic - and the sculptor (and sometime Klansman) Gutzon Borglum, later the creator of the Mount Rushmore monument. Weaving together the stories and trajectories of these varied, fascinating, combative, and sometimes contradictory figures, Brad Snyder shows how their thinking about government and policy shifted from a firm belief in progressivism - the belief that the government should protect its workers and regulate monopolies - into what we call liberalism - the belief that government can improve citizens' lives without abridging their civil liberties and, eventually, civil rights. Holmes replaced Roosevelt in their affections and aspirations. His famous dissents from 1919 onward showed how the Due Process clause could protect not just business but equality under the law, revealing how a generally conservative and reactionary Supreme Court might embrace, even initiate, political and social reform. Across the years, from 1912 until the start of the New Deal in 1933, the remarkable group of individuals associated with the House of Truth debated the future of America. They fought over Sacco and Vanzetti's innocence; the dangers of Communism; the role the United States should play the world after World War One; and thought dynamically about things like about minimum wage, child-welfare laws, banking insurance, and Social Security, notions they not only envisioned but worked to enact. American liberalism has no single source, but one was without question a row house in Dupont Circle and the lives that intertwined there at a crucial moment in the country's history.

The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom. Proceeding case by case and covering a wide array of issues, such as campaign finance, offensive speech, symbolic speech, commercial speech, online expression, and false statements, Eric T. Kasper and Troy A. Kozma show how the Supreme Court justices have struck down numerous laws for infringing on the freedom of expression. Kasper and Kozma demonstrate how the adoption of Mill's version of free speech began with Justice Oliver Wendell Holmes Jr. more than a century ago and expanded over time to become the prevailing position of the Court today. The authors argue that this embrace of Mill's rationale has led to an unmistakable reorientation in the Court's understanding of free expression jurisprudence. The Supreme Court and the Philosopher is the first book to comprehensively explore how the political philosophy of Mill has influenced the highest court in the land. In targeting the underlying philosophical reasons that explain why the modern Supreme Court renders its First Amendment decisions, this book is particularly timely, as the issues of censorship and freedom of expression are debated in the public square today.

Written by a renowned literary critic and legal historian, Practice Extended illuminates the intricacies of legal language and thought and the law's relationship to society, literature, and culture. Robert A. Ferguson details how judicial opinions are written, how legal thought and philosophy inform ideas, and how best to appreciate a courtroom novel. With chapters touching on a wide range of subjects, including immigration, eloquence, the U.S. Constitution, and the Supreme Court case over James Joyce's Ulysses, Practice Extended provides an ambitious argument for the importance of language in law and a much-needed analysis of the often vexed relationship between law and literature. Ferguson challenges the notion of law as a hermetic enterprise only accessible to experts. He reveals the discipline's relationships to history, religion, philosophy, psychology, anthropology, and the visual arts, offering a rich account of how the law has shaped and has been shaped by communal thought. He also recognizes the critical role of literature and other outside views in showcasing the social problems that law takes up. Practice Extended reflects Ferguson's crucial role as a pioneer in developing the field of law and literature. His writing reminds us of the need for a critical approach to the law that draws on the insights of literature to better understand political and legal history and the documents, laws, and arguments that shape our present. At the same time, this volume also showcases the ways in which the law has been integrated into works of literature, from Billy Budd to contemporary courtroom thrillers.

This book focuses on the political thought of American statesmen. These statesmen have had consistent and comprehensive views of the good of the country and their actions have been informed by those views. The editors argue that political life in America has been punctuated by three great crises in its history the crisis of the Founding, the crisis of the House Divided, and the crisis of the Great Depression.The Second World War was a crisis not just for America but for the whole of Western Civilization and, in the wake of that war, a new crisis arose which came to be called the "Cold War." Just when that gave the appearance of being resolved, the world reached a new juncture, a new crisis, which Samuel P. Huntington dubbed the "clash of civilizations." The statesmen having political responsibility in confronting the first three crises in America's history came as close to philosophic grasp of the problems of liberal democracy as one could demand from those embroiled in the active resolution of events. Their reflection of political philosophy in the full sense informed their actions.Since we cannot confidently explain the future, Aristotle warned us to call no man happy while he still lives. Thus the book, in its third edition, keeps to its settled pattern of dealing with settled matters. The preface to the third edition confronts the three later crises and, to the extent consistent with truth, attempts to relate them to the first three.