Judge Learned Hand, an Examination of His Philosophy and Its Implications for the American Judiciary |
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1Hand 1Ibid 2Hand 2Ibid 3Ibid accept achieve allocation of powers Amendment American democracy American system appears Archibald Cox assumptions authority Bill of Rights Chicago Law Review choice clause clear and present commerce concept concerned conflict Congress Constitution creativity decisions democratic democratic process democratic society democratic system Dennis depends determine doctrine expression federal freedom function fundamental goals Hand believed Hand thought Hand's position Harvard Law Review human individual interests interpretation issues James Bradley Thayer Jerome Frank Judge Hand Judge Learned Hand judgment judicial restraint judicial review judiciary Justice Holmes legislative legislature lIbid limits majority man's meaning natural law obscenity opinion philosophy political power of judicial pragmatic present danger principles problems protection purpose question reason regarded responsibility role seems separation of powers Smith Act specific speech Spirit of Liberty standard statute substantive due process Supreme Court tion tolerance truth ultimate understanding values