Digging a Hole: The Legal Theory Podcast

John Witt


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This week, we descend from the ivory tower onto the beaches of Martha’s Vineyard for a discussion of the historical significance – and contemporary relevance – of the Garland Fund, the million dollar fund at the epicenter of the early Civil Rights movement. We’re thrilled to welcome our colleague John Witt, the Allen H. Duffy Class of 1960 Professor of Law at Yale Law School, to join us for a celebration of his new book, The Radical Fund: How a Band of Visionaries and a Million Dollars Upended America

We begin the pod by exploring the causal impact of the Garland Fund. Witt argues that the Fund is both a window that provides a new angle with which to view the left liberal social movements of the 1920s and 30s and a workshop that created the conditions under which civil libertarians, civil rights organizations, and union leaders were forced to come together to have conversations about how to spend the Fund’s limited resources. Sam then asks Witt to explain the extent to which his book aims to offer a revisionary account of liberal progress in the early 20th century. After a brief detour to discuss the heroes and villains of the book, David and Sam both press Witt to opine on the contemporary relevance of the story of the Garland Fund. The show concludes with reflections on Abundance bros, the Debt Collective, philanthro-capitalism, and nonprofit tax exemptions. We hope you enjoy!

This podcast is generously supported by Themis Bar Review.

Referenced Readings

  • Simple Justice by Richard Kluger

  • The NAACP's Legal Strategy against Segregated Education, 1925-1950 by Mark Tushnet

  • The Lost Promise of Civil Rights by Risa Goluboff

  • Civil Rights and the Making of the Modern American State by Megan Ming Francis
  • The Taming of Free Speech by Laura Weinrib

  • Winners Take All by Anand Giridharadas

What are Sam & David’s favorite restaurants in New Haven?

  • Sam: It’s pretty slim pickings tbh - I guess there’s a case for Pasta Eataliana (which should definitely change its name)?

David: I assume we’re skipping the classic apizza joints? If we leave Pepe’s, Sally’s, Modern and Zuppardi’s to the side, my favorites are the terrific Fair Haven Oyster Co. and Tavern on State.  Also, I recommend encouraging Sam to bake for you! Best desserts in town!

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