Jeffrey Rosen
Jeffrey Rosen
Jeffrey Rosen is an American academic and commentator on legal affairs. Legal historian David Garrow has called him "the nation's most widely read and influential legal commentator". Since 2013, he has served as the President and CEO of the National Constitution Center in Philadelphia...
Jeffrey Rosen quotes about
moving thinking justice
I think even though the court is moving toward trying to translate the Constitution into a digital age, there was that wonderful unanimous decision that Chief Justice Roberts wrote saying you can't search a cellphone on arrest without a warrant.
party thinking data
I don't think he would have had any trouble answering Justice Sonia Sotomayor's excellent challenge in a case involving GPS surveillance. She said we need an alternative to this whole way of thinking about the privacy now which says that when you give data to a third party, you have no expectations of privacy. And [Louis] Brandeis would have said nonsense, of course you have expectations of privacy because it's intellectual privacy that has to be protected. That's my attempt to channel him on some of those privacy questions.
thinking together example
Do you think Bernie Sanders, for example, is citing Theodore Roosevelt as the progenitor of his critique of the banks when actually Roosevelt wanted to keep the banks together and regulate them.
mean thinking justice
I think he's [Louis Brandeis] a great model for progressive justices today who want to answer the originalists. It's not that the original paradigm cases are irrelevant, but you have to focus on the values the framers were trying to protect, not on the means with which those values were invaded in the 18th century.
thinking light justice
I think [Louis] Brandeis challenges all of the current justices. As he said, "If we would guide by the light of reason, we must let our minds be bold." You have to take the values that the framers were concerned about and translate them into this new age.
thinking government answers
I think the answer has to do with the fact that [Louis D.] Brandeis was a consistent critic of bigness in business and in government.
thinking blind-spots race
Justice Jefferson has a blind spot on race. You know, more than a blind spot. A terrible blemish on his legacy, slavery, for which he's properly excoriated. So, I think [Louis] Brandeis has done this as well.
book writing thinking
But as I wrote the book [Louis D. Brandeis: American Prophet], I tried to write it as clearly and directly and passionately as possible just thinking of communicating to readers who might want to learn about this great thinker and be inspired by him as I was.
loyalty thinking intellectual
Louis Brandeis started off by embracing the Theodore Roosevelt notion that hyphenated Americanism was unpatriotic. You couldn't have dual loyalties. But then he thinks and he reads and he becomes the head of the American Zionist movement after having previously been a secular Jew in this amazing intellectual evolution.
ability achieve along boarding cases colleagues decisions discussing fellow glasses justices moderation simply unanimity
Temperament, conviviality, moderation and the ability to get along with your colleagues are as important as ideology, ... was able to achieve unanimity on the most important decisions of his era simply by encouraging his fellow justices to live in the same boarding house, and discussing cases over glasses of Madeira.
brakes chief court efficiency era excesses hundred impressive justices keeping led majority pace past quietly sentiments warren
With exceptional efficiency and amiability, he led a court that put the brakes on some of the excesses of the Earl Warren era while keeping pace with the sentiments of a majority of the country. His administration of the court was brilliantly if quietly effective, making him one of the most impressive chief justices of the past hundred years.
agents although capacity citizens fbi forbidden government greatly increase innocent knowledge legally mere messages targets technical
Although the FBI is legally forbidden from monitoring the communications of citizens who are not targets under Carnivore, the mere knowledge that government agents have the technical capacity to read e-mail messages will greatly increase the uncertainty of innocent citizens,
stars rocks musical
Basically [Louise] Brandeis was a Jeffersonian. And you say the timing is great, and it is in a lot of senses, except not for [Tomas] Jefferson, because this is a Hamiltonian moment, and he's the rock star of the minute with a great musical.
mind sides argument
[Louis Brandeis] insisted on the necessity of public reason, which he thought could only be achieved if all of us just take the time to inform ourselves about the best arguments on all sides of questions so that we can make up our own minds.