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How to Save the American experiment? That's the question the Yale historian John Fabian Witt asks this week in both a New York Times feature and his just published new book, The Radical Fund. Sometimes, Witt suggests, we need what he describes as a “calamity” to recognize and protect the American experiment in democracy. In the 1920s, the historian reminds us, this happened with the emergence of the Garland Fund, a charitable organization set up in 1922 which spawned many of the most profound economic and civil rights reforms of the mid century. Founded by Charles Garland, a disillusioned yet idealistic Harvard heir who refused his million-dollar inheritance, the Fund brought together unlikely bedfellows—from the ACLU and NAACP to labor unions—creating what Witt calls an “incubator” for progressive change. Drawing striking parallels between then and now, Witt argues that strategic philanthropy and what he calls “cross-movement dialogue” can reinvigorate American democracy in a similarly turbulent age of cultural anxiety, political distrust and violent division. History may not repeat itself, Witt acknowledges, but it rhymes. And the real calamity, he warns, would be the end not of history, but of the almost 250 year-old American experiment in political and economic freedom. * The 1920s-2020s Parallel Is Uncanny: Both eras feature post-pandemic societies, surging economic inequality, restrictive immigration policies, rising Christian nationalism, and disruptive new information technologies. Understanding how America navigated the 1920s crisis without civil war offers crucial lessons for today.* Small Money, Strategic Impact: The Garland Fund operated with just $2 million (roughly $40-800 million in today's terms)—a fraction of Rockefeller or Carnegie fortunes—yet proved transformative. Success came not from sheer dollars but from bringing together feuding progressive movements (labor unions, civil rights organizations, civil liberties groups) and forcing them into productive dialogue.* Incubators Matter More Than Calamities: While crises like the Great Depression provided energy for change, the Fund created the institutional forms and intellectual frameworks that shaped how that energy was channeled. They pioneered industrial unions, funded the legal strategy behind Brown v. Board of Education, and staffed FDR's New Deal agencies with their “brain trust.”* Cross-Movement Dialogue Is Transformative: The Fund's greatest achievement was convening conversations among groups that disagreed fundamentally—labor versus racial justice organizations, communists versus liberals. These uncomfortable alliances produced the cross-racial labor movement and civil rights strategies that defined mid-century progressivism. Today's left needs similar bridge-building across fractured movements.* We Need New Categories for New Economics: The institutions that saved 1920s democracy—industrial unions, civil rights organizations, civil liberties groups—are each in crisis today. The gig economy, AI, and virtual work demand fresh thinking, not just recycling 1920s solutions. Witt suggests progressives must incubate new organizational forms for 21st-century capitalism, just as the Garland Fund did for industrial capitalism.Keen On America is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit keenon.substack.com/subscribe
Professor John Witt on reanimating the modern Torts curriculum, collaborating with students, and writing legal history from the baseball field.
Ross Cellino and Steve Barnes were two Buffalo-based lawyers who became the literal poster-men for personal injury advertising. They poured millions of dollars into ads that did more than just bring in clients: it turned the duo into household names and faces—at least in New York. In this episode, we're going to look at their rise and everything that happened after. It's a bumpy ride full of ambition, accidents and tragedy and at its center are two men who, for 25 years, wanted to be at the front of our minds when we got hurt, but who we didn't really notice until it all fell apart. We hear from Ross Cellino, Rich Barnes, Jeremy Kutner, John Fabian Witt, Trish Rich, Ken Kaufman, Mike Breen, and David Rafailedes. This podcast was written by Katie Shepherd. It was edited by Andrea Bruce and Willa Paskin. Decoder Ring is produced by Willa Paskin and Katie Shepherd. Derek John is Slate's Executive Producer of narrative podcasts. Merritt Jacob is Senior Technical Director. Thank you to Rachel Strom and Meryl Scheinman, host of Prank You. If you haven't please yet, subscribe and rate our feed in Apple Podcasts or wherever you get your podcasts. And even better, tell your friends. If you're a fan of the show and want to support us, consider signing up for Slate Plus. Slate Plus members get to listen to Decoder Ring without any ads. Their support is also crucial to our work. So please go to Slate.com/decoderplus to join Slate Plus today. Learn more about your ad choices. Visit megaphone.fm/adchoices
Ross Cellino and Steve Barnes were two Buffalo-based lawyers who became the literal poster-men for personal injury advertising. They poured millions of dollars into ads that did more than just bring in clients: it turned the duo into household names and faces—at least in New York. In this episode, we're going to look at their rise and everything that happened after. It's a bumpy ride full of ambition, accidents and tragedy and at its center are two men who, for 25 years, wanted to be at the front of our minds when we got hurt, but who we didn't really notice until it all fell apart. We hear from Ross Cellino, Rich Barnes, Jeremy Kutner, John Fabian Witt, Trish Rich, Ken Kaufman, Mike Breen, and David Rafailedes. This podcast was written by Katie Shepherd. It was edited by Andrea Bruce and Willa Paskin. Decoder Ring is produced by Willa Paskin and Katie Shepherd. Derek John is Slate's Executive Producer of narrative podcasts. Merritt Jacob is Senior Technical Director. Thank you to Rachel Strom and Meryl Scheinman, host of Prank You. If you haven't please yet, subscribe and rate our feed in Apple Podcasts or wherever you get your podcasts. And even better, tell your friends. If you're a fan of the show and want to support us, consider signing up for Slate Plus. Slate Plus members get to listen to Decoder Ring without any ads. Their support is also crucial to our work. So please go to Slate.com/decoderplus to join Slate Plus today. Learn more about your ad choices. Visit megaphone.fm/adchoices
Ross Cellino and Steve Barnes were two Buffalo-based lawyers who became the literal poster-men for personal injury advertising. They poured millions of dollars into ads that did more than just bring in clients: it turned the duo into household names and faces—at least in New York. In this episode, we're going to look at their rise and everything that happened after. It's a bumpy ride full of ambition, accidents and tragedy and at its center are two men who, for 25 years, wanted to be at the front of our minds when we got hurt, but who we didn't really notice until it all fell apart. We hear from Ross Cellino, Rich Barnes, Jeremy Kutner, John Fabian Witt, Trish Rich, Ken Kaufman, Mike Breen, and David Rafailedes. This podcast was written by Katie Shepherd. It was edited by Andrea Bruce and Willa Paskin. Decoder Ring is produced by Willa Paskin and Katie Shepherd. Derek John is Slate's Executive Producer of narrative podcasts. Merritt Jacob is Senior Technical Director. Thank you to Rachel Strom and Meryl Scheinman, host of Prank You. If you haven't please yet, subscribe and rate our feed in Apple Podcasts or wherever you get your podcasts. And even better, tell your friends. If you're a fan of the show and want to support us, consider signing up for Slate Plus. Slate Plus members get to listen to Decoder Ring without any ads. Their support is also crucial to our work. So please go to Slate.com/decoderplus to join Slate Plus today. Learn more about your ad choices. Visit megaphone.fm/adchoices
Ross Cellino and Steve Barnes were two Buffalo-based lawyers who became the literal poster-men for personal injury advertising. They poured millions of dollars into ads that did more than just bring in clients: it turned the duo into household names and faces—at least in New York. In this episode, we're going to look at their rise and everything that happened after. It's a bumpy ride full of ambition, accidents and tragedy and at its center are two men who, for 25 years, wanted to be at the front of our minds when we got hurt, but who we didn't really notice until it all fell apart. We hear from Ross Cellino, Rich Barnes, Jeremy Kutner, John Fabian Witt, Trish Rich, Ken Kaufman, Mike Breen, and David Rafailedes. This podcast was written by Katie Shepherd. It was edited by Andrea Bruce and Willa Paskin. Decoder Ring is produced by Willa Paskin and Katie Shepherd. Derek John is Slate's Executive Producer of narrative podcasts. Merritt Jacob is Senior Technical Director. Thank you to Rachel Strom and Meryl Scheinman, host of Prank You. If you haven't please yet, subscribe and rate our feed in Apple Podcasts or wherever you get your podcasts. And even better, tell your friends. If you're a fan of the show and want to support us, consider signing up for Slate Plus. Slate Plus members get to listen to Decoder Ring without any ads. Their support is also crucial to our work. So please go to Slate.com/decoderplus to join Slate Plus today. Learn more about your ad choices. Visit megaphone.fm/adchoices
Season 3 is here! In the first episode, John Fabian Witt, Allen H. Duffy Class of 1960 Professor of Law at Yale Law School, joins host David Schleicher to interview host Sam Moyn on his new book Humane: How the United States Abandoned Peace and Reinvented War. In the book, Sam interrogates efforts to make war more humane and the ramifications of this shift. We also discuss the chronology of when the American state began to craft more humane war; the risks that making any practice, such as war or driving cars, more humane might help legitimate it; and whether appeals toward making war humane are recent phenomena or cyclical occurrences. There's also a sharp debate over methodology in legal history, for all you methodology heads out there, and some stern questions about what exactly Sam has against passion fruit panna cotta. You join our new podcast newsletter for episode updates and a chance to win merch on our website: DiggingAHolePodcast.com. Referenced Readings, listed below, are available at our website. Will Smiley & John Fabian Witt, To Save the Country: A Treatise on Martial Law, (2019). Justin Desautels-Stein & Samuel Moyn, On the Domestication of Critical Legal History, 60 History & Theory 2 (June 9, 2021). Samuel Moyn, Humane: How the United States Abandoned Peace and Revived War (2021).
This week, a conversation with John Fabian Witt we first brought you on November 15. Law professor John Fabian Witt examined the relationship between law, epidemics, and public health guidelines. He was interviewed by Georgetown University Law Professor and Director of the Institute for National and Global Health Law Lawrence Gostin. Learn more about your ad choices. Visit megaphone.fm/adchoices
Law professor John Fabian Witt examines the relationship between law, epidemics, and public health guidelines. He's interviewed by Georgetown University law professor and director of the Institute for National & Global Health Law Lawrence Gostin. Learn more about your ad choices. Visit megaphone.fm/adchoices
Lincoln's Code: The Laws of War in American History by John Fabian Witt.Purchase the book at- https://www.amazon.com/Lincolns-Code-Laws-American-History/dp/1416569839/ref=sr_1_1?dchild=1&keywords=witt+lincoln%27s+code&qid=1593913678&s=books&sr=1-1 In the closing days of 1862, just three weeks before Emancipation, the administration of Abraham Lincoln commissioned a code setting forth the laws of war for US armies. It announced standards of conduct in wartime—concerning torture, prisoners of war, civilians, spies, and slaves—that shaped the course of the Civil War. By the twentieth century, Lincoln’s code would be incorporated into the Geneva Conventions and form the basis of a new international law of war. In this deeply original book, John Fabian Witt tells the fascinating history of the laws of war and its eminent cast of characters—Washington, Jefferson, Franklin, Madison, and Lincoln—as they crafted the articles that would change the course of world history. Witt’s engrossing exploration of the dilemmas at the heart of the laws of war is a prehistory of our own era. Lincoln’s Code reveals that the heated controversies of twenty-first-century warfare have roots going back to the beginnings of American history. It is a compelling story of ideals under pressure and a landmark contribution to our understanding of the American experience. The John Batchelor Show- For a great archive of shows visit-http://JohnBatchelorShow.com/ Listen to John Batchelor at-https://audioboom.com/channel/johnbatchelor Listen to John Batchelor on iTunes at-https://itunes.apple.com/us/podcast/the-john-batchelor-show/id589864479?mt=2 blog Twitter: @BatchelorShow
The next edition of Liberty Law Talk is with professor and author John Fabian Witt on the subject of his new book Lincoln’s Code: The Laws of War in American History. Recently named by the New York Times to its 100 Notable Books’ List for 2012, Witt’s account of the laws of war in American […]
Jack Goldsmith sat down with John Fabian Witt, professor of law at Yale Law School to talk about Witt’s new book, "To Save the Country: A Lost Treatise on Martial Law," which features a previously undiscovered manuscript written by Francis Lieber, a legal adviser to Lincoln’s White House and key thinker in the development of American laws of war. Witt explained Lieber’s impact on the development of American war-time law and talked about what the manuscript has to say about Lieber’s views of martial law and his unorthodox understanding of military necessity. The two also discussed the famous Reconstruction-era military commissions precedent Ex parte Milligan, Lieber’s anxieties about congressional power, and more.
A panel of academics discuss UVA Law professor Risa Goluboff's new book, "Vagrant Nation: Police Power, Constitutional Change, and the Making of the 1960s." In addition to Goluboff, the panelists are John Fabian Witt of Yale Law School, Laura Kalman of the University of California Santa Barbara History Department; and Anne Coughlin and G. Edward White of UVA Law. Dean Paul Mahoney provides opening remarks. See the video: http://bit.ly/217aFYe (University of Virginia School of Law, Feb. 10, 2016)
This week, John Fabian Witt talks about Stephen Breyer’s new book; Alexandra Alter has news from the literary world; Mira Jacob discusses three new coming-of-age novels; Sam Tanenhaus reminisces about the podcast; and Gregory Cowles has best-seller news. Pamela Paul is the host.
John Fabian Witt signed and discussed his book, "Lincoln's Code: The Laws of War in American History," which describes Lincoln's development of a code regulating conduct in war whose articles later became the basis for a new international law of war. For captions, transcript, and more information visit http://www.loc.gov/today/cyberlc/feature_wdesc.php?rec=5904
Yale Law School professor John Fabian Witt tells the hidden story of how in 1847 and 1848, on the road from Veracruz to Mexico City, the United States army invented the concept of the war crime as we know it today.
An expert in American legal history, John Fabian Witt joined Yale Law School in 2009 and was named the Allen H. Duffy Class of 1960 Professor of Law in March 2010. He is also a Professor of History at Yale. He previously taught at Columbia Law School for eight years and was a Harrington Faculty Fellow at the University of Texas in the Fall of 2004 and a visiting professor at Harvard Law School in the spring of 2005.