>>> Item number 492, dated 94/02/18 11:55:32 -- ALL

Date:         Fri, 18 Feb 1994 11:55:32 -0600
Reply-To:     Legal History discussion list <H-LAW@UICVM.BITNET>
Sender:       Legal History discussion list <H-LAW@UICVM.BITNET>
From:         cfcrw@uxa.ecn.bgu.edu
Subject:      Progressive Judges

This message was originally submitted by LAWNIS@VAXC.HOFSTRA.EDU.

Is it fair to say, as one of my students has suggested, that Jewish immigrants appointed to the bench during the Progressive Era held views and decided cases according to Progressive approaches? Is there literature which attempts to distinguish them from other Judges, or from one another? One thought that suggests itself is that however innovative with respect to doctrines supporting, e.g., antitrust regulation or labor rights, and thus in harmony with generally Progressive views, it may be that Jewish, and for that matter other immigrants appointed to the bench were regularly conservative with respect to questions related to loyalty and citizenship. This is, or would be a precursor to later investigations of Frankfurter, Kaufman, Hoffman and others. I'd be interested to hear from anyone who can direct me to studies or primary material -- I'm currently looking at the opinions of Julius Mayer, who ruled below in the Goldman case. Thanks-- Norm Silber

>>> Item number 495, dated 94/02/20 16:18:27 -- ALL

Date:         Sun, 20 Feb 1994 16:18:27 -0600
Reply-To:     Legal History discussion list <H-LAW@UICVM.BITNET>
Sender:       Legal History discussion list <H-LAW@UICVM.BITNET>
From:         cfcrw@uxa.ecn.bgu.edu
Subject:      Re: Progressive Judges

From: Mort Gitelman <gitelman@comp.uark.edu>

One book to start with is Robert A. Burt, Two Jewish Justices: Outcasts in the Promised Land, Univ. of Cal. Press, 1988.