Tuesday, November 3, 2009

09-11-03 Proposed Advanced Reading

1) Sturgeon v LA County and Marina v LA County - Two litigations that hold the prospect of future honest court services in Los Angeles County at bay.


William Brennan Louis Brandeis Benjamin Cardozo

2) Brennan, Brandeis, Cardozo - Liberty as a guiding principle in the U.S. Constitutional tradition




3) The Great Writ & Common Law Rights - Liberty as a key concept inherited from the English legal tradition

____________________
The great achievement of the English-speaking people is the attainment of liberty through law. It is natural, therefore, that those who have been trained in the law should have borne an important part in that struggle for liberty and in the government which resulted . . .

Louis Brandeis, Address to law students and others at Harvard, 1905.

____________________

It will perhaps not surprise you that the text I have chosen for exploration is the amended

Constitution of the United States, which, of course, entrenches the Bill of Rights and the Civil

War amendments, and draws sustenance from the bedrock principles of another great text,

the Magna Carta. So fashioned, the Constitution embodies the aspiration to social justice,

brotherhood, and human dignity that brought this nation into being. The Declaration of

Independence, the Constitution and the Bill of Rights solemnly committed the United States

to be a country where the dignity and rights of all persons were equal before all authority. In

all candor we must concede that part of this egalitarianism in America has been more

pretension than realized fact. But we are an aspiring people, a people with faith in progress.

Our amended Constitution is the lodestar for our aspirations.

William Brennan, Symposium at Georgetown, 1985.

____________________

The great ideals of liberty and equality are preserved against the assaults of opportunism, the expediency of the passing hour, the erosion of small encroachments, the scorn and derision of those who have no patience with general principles.

Benjamin Cardozo

No comments: