Books by Philippa Strum

Louis D. Brandeis (1856-1941) played a role in almost every important social and economic movement during his long life: trade unionism, trust busting, progressivism, woman suffrage, scientific management, expansion of civil liberties, hours, wages, and unemployment legislation, Wilson's New Freedom, Roosevelt's New Deal. He invented savings bank life insurance and the preferential union shop, became known as the "People's Attorney," and altered American jurisprudence as a lawyer and Supreme Court judge. Brandeis led American Zionism from 1914 through 1921 and again from 1930 until his death. He earned over two million dollars practicing law between 1878 and 1916 and used his wealth to foster public causes. He was adviser to leaders from Robert La Follette to Frances Perkins, William McAdoo to Franklin Roosevelt, Woodrow Wilson to Harry Truman. This lively account of Brandeis's life and legacy, based on ten years of research in sources not available to previous biographers, reveals much that is new and gives fuller context to personal and historical events. The most significant revelations have to do with his intellectual development. That Brandeis opposed political and economic "bigness" and excessive concentration of wealth is well known. What was not known prior to Strum's research is how far Brandeis carried his beliefs, becoming committed to the goals of worker participation--the sharing of profits and decision making by workers in "manageable"-sized firms. So it happened that the man who was sometimes dismissed as an outmoded horse-and-buggy liberal championed a cause too radical even for the New Deal braintrusters who were quick to follow his advice in other areas Strum charts Brandeis's development as a kind of industrial-era Jeffersonian deeply influenced by the classical ideals of Periclean Athens. She shows that this was the source not only of his vision of a democracy based on a human-scaled polis, but also of his sudden emergence, in his late fifties, as the leading American Zionist: he had come to regard Palestine as the locus of a new Athens. And later, on the Supreme Court, this Athenian conception of human potential took justice Brandeis beyond even Justice Holmes in the determined use of judicial power to protect civil liberties and democracy in an industrialized society.

Anita Whitney was a child of wealth and privilege who became a vocal leftist early in the twentieth century, supporting radical labor groups such as the Wobblies and helping to organize the Communist Labor Party. In 1919 she was arrested and charged with violating California's recently passed laws banning any speech or activity intended to change the American political and economic systems. The story of the Supreme Court case that grew out of Whitney's conviction, told in full in this book, is also the story of how Americans came to enjoy the most liberal speech laws in the world.In clear and engaging language, noted legal scholar Philippa Strum traces the fateful interactions of Whitney, a descendant of Mayflower Pilgrims; Supreme Court Justice Louis D. Brandeis, a brilliant son of immigrants; the teeming immigrant neighborhoods and left wing labor politics of the early twentieth century; and the lessons some Harvard Law School professors took from World War I-era restrictions on speech. Though the Supreme Court upheld Whitney's conviction, it included an opinion by Justice Brandeis--joined by Justice Oliver Wendell Holmes, Jr.--that led to a decisive change in the way the Court understood First Amendment free speech protections. Speaking Freely takes us into the discussions behind this dramatic change, as Holmes, Brandeis, Judge Learned Hand, and Harvard Law professors Zechariah Chafee and Felix Frankfurter debate the extent of the First Amendment and the important role of free speech in a democratic society. In Brandeis's opinion, we see this debate distilled in a statement of the value of free speech and the harm that its suppression does to a democracy, along with reflections on the importance of freedom from government control for the founders and the drafters of the First Amendment.Through Whitney v. California and its legacy, Speaking Freely shows how the American approach to speech, differing as it does that of every other country, reflects the nation's unique history. Nothing less than a primer in the history of free speech rights in the US, the book offers a sobering and timely lesson as fear once more raises the specter of repression.

In 1989 a female applicant wishing to go to the all-male Viginia Military Institute (VMI) complained of discrimination to the Justice Department, which brought a suit the following year to integrate women into VMI. This text traces the origins of this case back to VMI's founding and evolution.