Daniel R Ernst
Biographic Data
| ID | 1176938 |
|---|---|
| NAME | Daniel R Ernst |
| GIVEN NAMES | Daniel R |
| FAMILY NAME | Ernst |
| SIGNATURE | ERNST D R |
| AFFILIATIONS | Georgetown University |
| VERIFIED | No |
| TOTAL WORKS | 22 |
| TOTAL CITATIONS | 17 |
| AUTHOR COUNT | 22 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1984 |
| LATEST PUBLICATION YEAR | 2018 |
| H-INDEX | 2 |
In a Democracy We Should Distribute the Lawyers”: The Campaign for a Federal Legal Service, 1933--1945
To build its many unprecedented bureaucracies, the American New Deal heavily relied upon recent graduates of elite law schools, in a break with prior practice and to the increasing annoyance of congressmen and senators. To head off an attempt to entrust the selection of government lawyers to the Civil Service Commission, in January 1939, President Franklin D. Roosevelt appointed a committee, chaired by Stanley Reed and including two other Supreme…
Tocqueville's Nightmare: The Administrative State Emerges in America, 1900–1940
Introduction: Tocqueville's Nightmare Freund and Frankfurter Hughes Chief Justice Hughes New York, 1938 Pound and Frank Conclusion: Good Administration Acknowledgments Abbreviations for Sources Consulted
Ernst Freund, Felix Frankfurter, and the American Rechtsstaat: A Transatlantic Shipwreck, 1894–1932
From the passage of the Interstate Commerce Act of 1887 through the New Deal, American legislators commonly endowed administrative agencies with broad discretionary power. They did so over the objections of an intellectual founder of the American administrative state. The American-born, German-educated lawyer and political scientist Ernst Freund developed an Americanized version of the Rechtsstaat —a government bound by fixed and definite rules—i…
The Politics of Administrative Law: New York's Anti-Bureaucracy Clause and the O'Brian-Wagner Campaign of 1938
In April 1938 New York's first constitutional convention since 1915 convened in Albany. When it adjourned in late August, one of the amendments slated for a referendum that fall was an “anti-bureaucracy clause,” a provision that would greatly increase the New York courts' oversight of the state's agencies. Although voters rejected it, contemporaries saw the anti-bureaucracy clause as a harbinger of a national campaign against the New Deal. In Sep…
Morgan and the New Dealers
Readers of the New York Times were not accustomed to encountering in its pages a Cabinet official picking a fight with the Supreme Court, but that is what they did on May 8, 1938. Chief Justice Charles Evans Hughes, writing for a majority of the Supreme Court, had recently ruled that Secretary of Agriculture Henry A. Wallace had used the wrong procedures to set the rates that “commission men” charged farmers for marketing cattle, pigs, and sheep …
Thinking Like a Historian: Erie in the Dimension of Time
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Willard Hurst and the Administrative State: From Williams to Wisconsin
Perhaps because Willard Hurst did not publish his first book, The Growth of American Law , until 1950, more than a decade after he entered law teaching, his readers have often found it hard to imagine him as other than a fully formed scholar. The pluralist politics of his major writings, their functionalist sociology, and their attentiveness to consensus in history have made Hurst seem so much a product of the 1950s that one can easily overlook t…
Lawyers against Labor: From Individual Rights to Corporate Liberalism
Managing Legal Uncertainty: Elite Lawyers in the New Deal
Ronen Shamir, a professor of sociology at Tel Aviv University, has written an essay in the sociological theory of the legal profession, illustrated by a historical case study of elite corporate lawyers' responses to the New Deal
Lawyers against Labor: From Individual Rights to Corporate Liberalism
Journal Article Lawyers Against Labor: From Individual Rights to Corporate Liberalism Get access Ernst Daniel R., Lawyers Against Labor: From Individual Rights to Corporate Liberalism. Urbana and Chicago: University of Illinois Press, 1995. xii, 334 pp. $49.95 (cloth). $18.95 (paper). Catherine Fisk Catherine Fisk Loyola Law School Loyola Marymount University Search for other works by this author on: Oxford Academic Google Scholar American Journa…
Lawyers against Labor
The Lost Law Professor
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Lost Law Professor
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Lawyers Against Labor: From Individual Rights to Corporate Liberalism
A Muted Fury: Populists, Progressives, and Labor Unions Confront the Courts, 1890-1937
Journal Article A Muted Fury: Populists, Progressives, and Labor Unions Confront the Courts, 1890–1937 Get access Ross William G., A Muted Fury: Populists, Progressives, and Labor Unions Confront the Courts, 1890–1937. Princeton, N.J.: Princeton University Press, 1994. 339 pp. $39.50. Daniel R. Ernst Daniel R. Ernst Georgetown University Law Center Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal …
Common Laborers? Industrial Pluralists, Legal Realists, and the Law of Industrial Disputes, 1915–1943
At the turn of the twentieth century, when highbrow political thinkers rebelled against the consensual epistemology and ethics of the Victorians, when they argued, as William James did, that “neither the whole of truth nor the whole of good is revealed to any single observer,” when they declared themselves to be living in “a world where truth and justice are to be carved from culture rather than found already etched in reason,” they created an un…
Free Labor, the Consumer Interest, and the Law of Industrial Disputes, 1885-1900
Working-Class Heroes and Others
The yellow-dog contract and liberal reform, 1917–1932
Industrial Democracy in America: Ideological Origins of National Labor Relations Policy
Journal Article Industrial Democracy in America: Ideological Origins of National Labor Relations Policy. By Howard Dickman. (La Salle: Open Court, 1987. xv + 445 pp. Cloth, $32.95; paper, $6.95.) Get access Daniel R. Ernst Daniel R. Ernst University of Wisconsin, Madison Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 75, Issue 1, June 1988, Pages 287–288, https://doi.org/10.2307/188975…
Legal Positivism, Abolitionist Litigation, and the New Jersey Slave Case of 1845
At 10:00 A.M. on May 21, 1845, ‘the tall, straight figure and pale, grave face of the slave's friend, Alvan Stewart’, turned toward the justices of the New Jersey Supreme Court as he commenced his opening argument in the companion cases, State v. Post and State v. Van Beuren . In the ensuing hours, Stewart argued for the immediate abolition of slavery and black apprenticeship in New Jersey. Although Stewart relied upon many authorities, the justi…
The Moribund Appeal of Death: Compensating Survivors and Controlling Jurors in Early Modern England
Journal Article The Moribund Appeal of Death: Compensating Survivors and Controlling Jurors in Early Modern England Get access Daniel R. Ernst, Ph.D. candidate, J.D. Daniel R. Ernst, Ph.D. candidate, J.D. *Princeton University; 1983, University of Chicago Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 28, Issue 2, April 1984, Pages 164–188, https://doi.org/10.2307/845222 Publishe…
Willard Hurst and the Administrative State: From Williams to Wisconsin
Perhaps because Willard Hurst did not publish his first book, The Growth of American Law , until 1950, more than a decade after he entered law teaching, his readers have often found it hard to imagine him as other than a fully formed scholar. The pluralist politics of his major writings, their functionalist sociology, and their attentiveness to consensus in history have made Hurst seem so much a product of the 1950s that one can easily overlook t…
Common Laborers? Industrial Pluralists, Legal Realists, and the Law of Industrial Disputes, 1915–1943
At the turn of the twentieth century, when highbrow political thinkers rebelled against the consensual epistemology and ethics of the Victorians, when they argued, as William James did, that “neither the whole of truth nor the whole of good is revealed to any single observer,” when they declared themselves to be living in “a world where truth and justice are to be carved from culture rather than found already etched in reason,” they created an un…
In a Democracy We Should Distribute the Lawyers”: The Campaign for a Federal Legal Service, 1933--1945
To build its many unprecedented bureaucracies, the American New Deal heavily relied upon recent graduates of elite law schools, in a break with prior practice and to the increasing annoyance of congressmen and senators. To head off an attempt to entrust the selection of government lawyers to the Civil Service Commission, in January 1939, President Franklin D. Roosevelt appointed a committee, chaired by Stanley Reed and including two other Supreme…
Tocqueville's Nightmare: The Administrative State Emerges in America, 1900–1940
Introduction: Tocqueville's Nightmare Freund and Frankfurter Hughes Chief Justice Hughes New York, 1938 Pound and Frank Conclusion: Good Administration Acknowledgments Abbreviations for Sources Consulted
Ernst Freund, Felix Frankfurter, and the American Rechtsstaat: A Transatlantic Shipwreck, 1894–1932
From the passage of the Interstate Commerce Act of 1887 through the New Deal, American legislators commonly endowed administrative agencies with broad discretionary power. They did so over the objections of an intellectual founder of the American administrative state. The American-born, German-educated lawyer and political scientist Ernst Freund developed an Americanized version of the Rechtsstaat —a government bound by fixed and definite rules—i…
The Politics of Administrative Law: New York's Anti-Bureaucracy Clause and the O'Brian-Wagner Campaign of 1938
In April 1938 New York's first constitutional convention since 1915 convened in Albany. When it adjourned in late August, one of the amendments slated for a referendum that fall was an “anti-bureaucracy clause,” a provision that would greatly increase the New York courts' oversight of the state's agencies. Although voters rejected it, contemporaries saw the anti-bureaucracy clause as a harbinger of a national campaign against the New Deal. In Sep…
Lawyers against Labor
The Moribund Appeal of Death: Compensating Survivors and Controlling Jurors in Early Modern England
Journal Article The Moribund Appeal of Death: Compensating Survivors and Controlling Jurors in Early Modern England Get access Daniel R. Ernst, Ph.D. candidate, J.D. Daniel R. Ernst, Ph.D. candidate, J.D. *Princeton University; 1983, University of Chicago Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 28, Issue 2, April 1984, Pages 164–188, https://doi.org/10.2307/845222 Publishe…
Legal Positivism, Abolitionist Litigation, and the New Jersey Slave Case of 1845
At 10:00 A.M. on May 21, 1845, ‘the tall, straight figure and pale, grave face of the slave's friend, Alvan Stewart’, turned toward the justices of the New Jersey Supreme Court as he commenced his opening argument in the companion cases, State v. Post and State v. Van Beuren . In the ensuing hours, Stewart argued for the immediate abolition of slavery and black apprenticeship in New Jersey. Although Stewart relied upon many authorities, the justi…
Industrial Democracy in America: Ideological Origins of National Labor Relations Policy
Journal Article Industrial Democracy in America: Ideological Origins of National Labor Relations Policy. By Howard Dickman. (La Salle: Open Court, 1987. xv + 445 pp. Cloth, $32.95; paper, $6.95.) Get access Daniel R. Ernst Daniel R. Ernst University of Wisconsin, Madison Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 75, Issue 1, June 1988, Pages 287–288, https://doi.org/10.2307/188975…
Working-Class Heroes and Others
The yellow-dog contract and liberal reform, 1917–1932
Free Labor, the Consumer Interest, and the Law of Industrial Disputes, 1885-1900
Common Laborers? Industrial Pluralists, Legal Realists, and the Law of Industrial Disputes, 1915–1943
At the turn of the twentieth century, when highbrow political thinkers rebelled against the consensual epistemology and ethics of the Victorians, when they argued, as William James did, that “neither the whole of truth nor the whole of good is revealed to any single observer,” when they declared themselves to be living in “a world where truth and justice are to be carved from culture rather than found already etched in reason,” they created an un…
A Muted Fury: Populists, Progressives, and Labor Unions Confront the Courts, 1890-1937
Journal Article A Muted Fury: Populists, Progressives, and Labor Unions Confront the Courts, 1890–1937 Get access Ross William G., A Muted Fury: Populists, Progressives, and Labor Unions Confront the Courts, 1890–1937. Princeton, N.J.: Princeton University Press, 1994. 339 pp. $39.50. Daniel R. Ernst Daniel R. Ernst Georgetown University Law Center Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal …
The Lost Law Professor
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Lost Law Professor
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Lawyers Against Labor: From Individual Rights to Corporate Liberalism
Lawyers against Labor: From Individual Rights to Corporate Liberalism
Managing Legal Uncertainty: Elite Lawyers in the New Deal
Ronen Shamir, a professor of sociology at Tel Aviv University, has written an essay in the sociological theory of the legal profession, illustrated by a historical case study of elite corporate lawyers' responses to the New Deal
Lawyers against Labor: From Individual Rights to Corporate Liberalism
Journal Article Lawyers Against Labor: From Individual Rights to Corporate Liberalism Get access Ernst Daniel R., Lawyers Against Labor: From Individual Rights to Corporate Liberalism. Urbana and Chicago: University of Illinois Press, 1995. xii, 334 pp. $49.95 (cloth). $18.95 (paper). Catherine Fisk Catherine Fisk Loyola Law School Loyola Marymount University Search for other works by this author on: Oxford Academic Google Scholar American Journa…
Lawyers against Labor
Willard Hurst and the Administrative State: From Williams to Wisconsin
Perhaps because Willard Hurst did not publish his first book, The Growth of American Law , until 1950, more than a decade after he entered law teaching, his readers have often found it hard to imagine him as other than a fully formed scholar. The pluralist politics of his major writings, their functionalist sociology, and their attentiveness to consensus in history have made Hurst seem so much a product of the 1950s that one can easily overlook t…
Thinking Like a Historian: Erie in the Dimension of Time
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Morgan and the New Dealers
Readers of the New York Times were not accustomed to encountering in its pages a Cabinet official picking a fight with the Supreme Court, but that is what they did on May 8, 1938. Chief Justice Charles Evans Hughes, writing for a majority of the Supreme Court, had recently ruled that Secretary of Agriculture Henry A. Wallace had used the wrong procedures to set the rates that “commission men” charged farmers for marketing cattle, pigs, and sheep …
Ernst Freund, Felix Frankfurter, and the American Rechtsstaat: A Transatlantic Shipwreck, 1894–1932
From the passage of the Interstate Commerce Act of 1887 through the New Deal, American legislators commonly endowed administrative agencies with broad discretionary power. They did so over the objections of an intellectual founder of the American administrative state. The American-born, German-educated lawyer and political scientist Ernst Freund developed an Americanized version of the Rechtsstaat —a government bound by fixed and definite rules—i…
The Politics of Administrative Law: New York's Anti-Bureaucracy Clause and the O'Brian-Wagner Campaign of 1938
In April 1938 New York's first constitutional convention since 1915 convened in Albany. When it adjourned in late August, one of the amendments slated for a referendum that fall was an “anti-bureaucracy clause,” a provision that would greatly increase the New York courts' oversight of the state's agencies. Although voters rejected it, contemporaries saw the anti-bureaucracy clause as a harbinger of a national campaign against the New Deal. In Sep…
Tocqueville's Nightmare: The Administrative State Emerges in America, 1900–1940
Introduction: Tocqueville's Nightmare Freund and Frankfurter Hughes Chief Justice Hughes New York, 1938 Pound and Frank Conclusion: Good Administration Acknowledgments Abbreviations for Sources Consulted
In a Democracy We Should Distribute the Lawyers”: The Campaign for a Federal Legal Service, 1933--1945
To build its many unprecedented bureaucracies, the American New Deal heavily relied upon recent graduates of elite law schools, in a break with prior practice and to the increasing annoyance of congressmen and senators. To head off an attempt to entrust the selection of government lawyers to the Civil Service Commission, in January 1939, President Franklin D. Roosevelt appointed a committee, chaired by Stanley Reed and including two other Supreme…
Political science (21 works) · Law (19 works) · Law (16 works) · Sociology (12 works) · Politics (10 works) · American Constitutional Law and Politics (7 works) · History (7 works) · History (7 works) · Judicial and Constitutional Studies (6 works) · Law and economics (6 works)