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Extra resources for The Legalist Reformation: Law, Politics, and Ideology in New York, 1920-1980 (Studies in Legal History)
Even the future liberal, Harlan F. 11 Indeed, only four of the twenty-four judges who sat in the Gitlow case at all levels—Louis D. Brandeis, Cardozo, Holmes, and Pound—were suﬃciently unafraid to dissent and thereby challenge the conservative agenda. For most judges close to the class struggles of , the Communist hope of immediate success, on the one hand, and the fear of it, on the other, threatened class violence and made repression of the lower classes seem essential. 12 An earlier case in a somewhat like fashion had involved a ‘‘threatening crowd’’ of perhaps as many as two thousand strikers and sympathizers, who were hurling ‘‘stones, bricks, and other missiles’’ at about seventy-ﬁve policemen and National Guard troops, who opened ﬁre and wounded two innocent bystanders.
Constitutional Rules Protecting Wealth. No decision in the early s better illustrates the conservative opposition to government-induced redistribution of wealth than People v. Westchester County Nat. 1 This – decision, declaring unconstitutional a bonus granted by the state to all veterans of World War I, revealed a fundamental disagreement about the scope of government’s powers of spending and taxation that transcended the narrow issue of the constitutionality of the bonus.
31 The eﬀect of restrictions on the production of books and documents was, of course, to help elite individuals and large entities that routinely kept them. Courts were freer, in contrast, in acceding to demands that one party furnish to the other a bill of particulars, which limited proof at trial to material contained in the particulars provided before trial. ’’ 32 Judges thereby restricted the freedom of all parties, but especially plaintiﬀs, to alter their theory of the case during trial in response to the availability or persuasiveness of evidence.