Word: levinson
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...Sanford Levinson's article, "The Supreme Court: Does It Have an Innovational Role?" is provocative, although, like Frank Sullivan reading Van Wyck Brooks, "I have been rendered cockeyed by the footnotes" (83 of them). Levinson defends the concept of an activist, innovational Supreme Court by attacking the two most distinguished advocates of judicial restraint, Holmes and Frankfurter...
There are two ways to refute this position. Levinson chooses the argument from reality: whatever the philosophical objections to reason, it still plays a role--though admittedly a limited one--in human affairs. Holmes over-reacted to the naive beliefs in REASON and TRUTH of his opponents on the Court, and went to the other extreme in denying any corrective powers to the Court. Levinson argues that the Court might bring some reason to bear in bolstering democratic values against the attack of a faint-hearted public, preserving the "rule of law," and protecting long-range values when other branches...
...philosophical skeptic. The jungle or the "market place of ideas" is as arbitrary a source of truth as the Bible or the Constitution. And Social Darwinism also collides with judicial restraint because the Court has as much "power" to strike down laws as legislatures has "power" to create them. Levinson's first point, that Holmes wasn't so philosophically sophisticated after all, is solid...
...move toward withdrawal in Vietnam does not make him happy that the Viet Cong will prevail, as it apparently does Mr. Booth and certainly Mr. Maher, Mr. Howe was most critical of any equation of American politics with the lack of basic political freedom in totalitarian countries. Sanford V. Levinson Tutor, Dunster House
Alex Inkeles, professor of Sociology; Charles A. Janeway, Thomas Morgan Rotch Professor of Pediatrics; Paul R. Lawrence, professor of Organizational Behavior; Daniel J. Levinson, assistant professor of Psychology; George H. Litwin, instructor in Business Administration; Everett Mendelsohn, assistant professor of Historical Science...