Saturday, October 12, 2013

Weekend Roundup

  • In an op-ed in the New York Times, historian Sean Wilentz (Princeton University) argues that by refusing to raise the debt limit, Congressional Republicans run afoul of the Fourteenth Amendment. The piece inspired comment from Jack Balkin (Yale Law School), here.
  • The Yale Law Library Rare Books Blog introducesBuilt by Association: Books Once Owned by Notable Judges and Lawyers, from Bryan A. Garner’s Collection.” The exhibition, curated by Bryan A. Garner with Mike Widener, is on display until December 16, 2013, at the Lillian Goldman Law Library. 
  • Via H-Law: "FASPE (Fellowships at Auschwitz for the Study of Professional Ethics) is now accepting applications for a fellowship that uses the conduct of lawyers and judges in Nazi Germany as a launching point for an intensive two-week early summer program about contemporary legal ethics." More information here.
Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

1 comment:

Shag from Brookline said...

Re" Second bullet item:

Back in the early 1950s while in law school, I used to browse in a Morgan Memorial store in Boston for used law books. One of my purchases (for 50 cents) was "Legal and Political Hermeneutics or Principles of Interpretation and Construction in Law and Politics," by Francis Lieber, LL.D., Third Edition (1880). At the time I did not know what hermeneutics meant and I had yet to take ConLaw. The major reason I made this purchase at a time when I had limited funds was a stamp inside the front cover:

Brandeis, Dunbar & Nutter
Received [in hand, "6-22-13, Rebound"]
Room [in hand, "Library"]
Section [in hand,not clear]

I knew of Justice Brandeis from government courses in college.

Lieber never came up in law school. But I learned quite a bit about him in semi-retirement from the practice of law in 1998. Legal Hermeneutics was proposed as an alternative to originalism. The "New Originalism" has added "construction" to fill the void when the text of the Constitution is not clear. The Original Originalism came about in the early 1980s with AG Ed Meese's criticism of the Warren (and Burger ?) Court, perhaps triggered by Brown v. Bd. of Educ. in 1954 when I finished law school.

Cardozo Law Review has republished Lieber's book in one or two volumes.

Whether Justice Brandeis was influenced by Lieber's book while on the Court is perhaps a project for some young legal historians.