Louis Brandeis

Louis Brandeis

Overview
Louis Dembitz Brandeis ˈbrændaɪs; November 13, 1856 – October 5, 1941) was an Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...

 on the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 from 1916 to 1939.

He was born in Louisville
Louisville, Kentucky
Louisville is the largest city in the U.S. state of Kentucky, and the county seat of Jefferson County. Since 2003, the city's borders have been coterminous with those of the county because of a city-county merger. The city's population at the 2010 census was 741,096...

, Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...

, to Jewish immigrant parents who raised him in a secular mode
Secular Jewish culture
Secular Jewish culture embraces several related phenomena; above all, it is the international culture of secular communities of Jewish people, but it can also include the cultural contributions of individuals who identify as secular Jews...

. He enrolled at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

, graduating at the age of twenty with the highest grade average in the college’s history.

Brandeis settled in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...

 where he became a recognized lawyer through his work on progressive
Progressive Era
The Progressive Era in the United States was a period of social activism and political reform that flourished from the 1890s to the 1920s. One main goal of the Progressive movement was purification of government, as Progressives tried to eliminate corruption by exposing and undercutting political...

 social causes.
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Quotations

The intensity and complexity of life, attendant upon advancing civilization, have rendered necessary some retreat from the world . . . ."

"The Right to Privacy," 4 Harvard L. Rev. 193, 196 (1890).

The bow must be strung and unstrung . . . there must be time also for the unconscious thinking which comes to the busy man in his play.

Letter to William Harrison Dunbar (February 2, 1893), reprinted in Letters of Louis D. Brandeis Volume I (1870–1907): Urban Reformer 109 (Melvin I. Urovsky & David W. Levy, eds., State University of New York Press 1971).

When a man feels that he cannot leave his work, it is a sure sign of an impending collapse.

Letter to Alfred Brandeis (March 8, 1897), reprinted in Letters of Louis D. Brandeis Volume I 127 (Melvin I. Urovsky & David W. Levy, eds., State University of New York Press 1971).

It is, as a rule, far more important how men pursue their occupation than what the occupation is which they select.

The Opportunity in the Law, 39 American Law Review 555, 555 (1905)

[N]o people ever did or ever can attain a worthy civilization by the satisfaction merely of material needs . . .

"Hours of Labor" (1906), reprinted in Brandeis on Democracy 91 (Philippa Strum, ed., 1995).

Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.

Other People's Money—and How Bankers Use It (1914)

A man is a better citizen of the United States for being also a loyal citizen of his state, and of his city; for being loyal to his family, and to his profession or trade; for being loyal to his college or his lodge. . . . For only through the ennobling effect of its strivings can we develop the best that is in us and give to this country the full benefit of our great inheritance.

The Jewish Problem And How to Solve It (1915)

What are the American ideals? They are the development of the individual for his own and the common good; the development of the individual through liberty, and the attainment of the common good through democracy and social justice.

“True Amercianism” (1915)

[N]o law, written or unwritten, can be understood without a full knowledge of the facts out of which it arises, and to which it is to be applied.

The Living Law, 10 Illinois Law Review 461, 467 (1915-16)

There is in most Americans some spark of idealism, which can be fanned into a flame. It takes sometimes a divining rod to find what it is; but when found, and that means often, when disclosed to the owners, the results are often extraordinary.

The Words of Justice Brandeis (1953)
Encyclopedia
Louis Dembitz Brandeis ˈbrændaɪs; November 13, 1856 – October 5, 1941) was an Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...

 on the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 from 1916 to 1939.

He was born in Louisville
Louisville, Kentucky
Louisville is the largest city in the U.S. state of Kentucky, and the county seat of Jefferson County. Since 2003, the city's borders have been coterminous with those of the county because of a city-county merger. The city's population at the 2010 census was 741,096...

, Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...

, to Jewish immigrant parents who raised him in a secular mode
Secular Jewish culture
Secular Jewish culture embraces several related phenomena; above all, it is the international culture of secular communities of Jewish people, but it can also include the cultural contributions of individuals who identify as secular Jews...

. He enrolled at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

, graduating at the age of twenty with the highest grade average in the college’s history.

Brandeis settled in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...

 where he became a recognized lawyer through his work on progressive
Progressive Era
The Progressive Era in the United States was a period of social activism and political reform that flourished from the 1890s to the 1920s. One main goal of the Progressive movement was purification of government, as Progressives tried to eliminate corruption by exposing and undercutting political...

 social causes. Starting in 1890, he helped develop the "right to privacy" concept by writing a Harvard Law Review
Harvard Law Review
The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School.-Overview:According to the 2008 Journal Citation Reports, the Review is the most cited law review and has the second-highest impact factor in the category "law" after the...

article of that title, and was thereby credited by legal scholar Roscoe Pound
Roscoe Pound
Nathan Roscoe Pound was a distinguished American legal scholar and educator. He was Dean of Harvard Law School from 1916 to 1936...

 as having accomplished "nothing less than adding a chapter to our law". He later published a book entitled Other People's Money And How the Bankers Use It
Other People's Money and How the Bankers Use It
Other People's Money And How the Bankers Use It is a collection of essays written by Louis Brandeis first published as a book in 1914, and reissued in 1933.-Contents:...

, suggesting ways of curbing the power of large banks and money trusts, which partly explains why he later fought against powerful corporations, monopolies, public corruption, and mass consumerism, all of which he felt were detrimental to American values and culture. He also became active in the Zionist movement, seeing it as a solution to antisemitism in Europe
Antisemitism in Europe
Antisemitism, or a fear and hatred of the Jewish people, has experienced a long history of expression since the days of ancient civilizations, with most of it having originated in the Christian and pre-Christian civilizations of Europe...

 and Russia, while at the same time being a way to "revive the Jewish spirit."

When his family’s finances became secure, he began devoting most of his time to public causes and was later dubbed the “People’s Lawyer.” He insisted on serving on cases without pay so that he would be free to address the wider issues involved. The Economist magazine calls him "A Robin Hood
Robin Hood
Robin Hood was a heroic outlaw in English folklore. A highly skilled archer and swordsman, he is known for "robbing from the rich and giving to the poor", assisted by a group of fellow outlaws known as his "Merry Men". Traditionally, Robin Hood and his men are depicted wearing Lincoln green clothes....

 of the law." Among his notable early cases were actions fighting railroad monopolies; defending workplace and labor laws; helping create the Federal Reserve System
Federal Reserve System
The Federal Reserve System is the central banking system of the United States. It was created on December 23, 1913 with the enactment of the Federal Reserve Act, largely in response to a series of financial panics, particularly a severe panic in 1907...

; and presenting ideas for the new Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...

 (FTC). He achieved recognition by submitting a case brief, later called the "Brandeis Brief
Brandeis Brief
The Brandeis Brief was a pioneering legal brief that was the first in United States legal history to rely not on pure legal theory, but also on analysis of factual data. It is named after litigator Louis Brandeis, who presented it in his argument for the 1908 US Supreme Court case Muller v. Oregon...

," which relied on expert testimony from people in other professions to support his case, thereby setting a new precedent in evidence presentation.

In 1916, President Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...

 nominated Brandeis to become a member of the Supreme Court. However, his nomination was bitterly contested, partly because, as Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...

 William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...

 wrote, "Brandeis was a militant crusader for social justice whoever his opponent might be. He was dangerous not only because of his brilliance, his arithmetic, his courage. He was dangerous because he was incorruptible. . . [and] the fears of the Establishment were greater because Brandeis was the first Jew to be named to the Court." He was eventually confirmed by the Senate by a vote of 47 to 22 on June 1, 1916, and became one of the most famous and influential figures ever to serve on the high court. His opinions were, according to legal scholars, some of the "greatest defenses" of freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

 and the right to privacy ever written by a member of the Supreme Court.

Family roots


Louis Dembitz Brandeis was born on November 13, 1856, in Louisville
Louisville, Kentucky
Louisville is the largest city in the U.S. state of Kentucky, and the county seat of Jefferson County. Since 2003, the city's borders have been coterminous with those of the county because of a city-county merger. The city's population at the 2010 census was 741,096...

, Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...

, the youngest of four children. His parents, Adolph Brandeis and Frederika Dembitz, both of whom were Jewish, emigrated to the United States from their childhood homes in Prague
Prague
Prague is the capital and largest city of the Czech Republic. Situated in the north-west of the country on the Vltava river, the city is home to about 1.3 million people, while its metropolitan area is estimated to have a population of over 2.3 million...

, Bohemia
Bohemia
Bohemia is a historical region in central Europe, occupying the western two-thirds of the traditional Czech Lands. It is located in the contemporary Czech Republic with its capital in Prague...

 (then part of the Austrian Empire
Austrian Empire
The Austrian Empire was a modern era successor empire, which was centered on what is today's Austria and which officially lasted from 1804 to 1867. It was followed by the Empire of Austria-Hungary, whose proclamation was a diplomatic move that elevated Hungary's status within the Austrian Empire...

). They emigrated as part of their extended families for both economic and political reasons. The Revolutions of 1848
Revolutions of 1848
The European Revolutions of 1848, known in some countries as the Spring of Nations, Springtime of the Peoples or the Year of Revolution, were a series of political upheavals throughout Europe in 1848. It was the first Europe-wide collapse of traditional authority, but within a year reactionary...

 had produced a series of political upheavals and the families, though "liberal in their political views and sympathetic to the rebel cause," were "shocked by the anti-Semitic riots that erupted in Prague while the city was in the hands of the Czech rebels." In addition, the Habsburg Empire had imposed business taxes on Jews. Family elders sent Adolph Brandeis to America to observe and prepare for his family's possible emigration. He spent a few months in the Midwest and was impressed by the nation's institutions and by the tolerance among the people he met. He wrote home to his wife, "America's progress is the triumph of the rights of man."

The Brandeis family chose to settle in Louisville partly because it was a prosperous river port. His earliest childhood was shaped by the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...

, which forced the family to seek safety temporarily in Indiana. The Brandeis family held abolitionist beliefs that angered their Louisville neighbors. Louis's father developed a grain-merchandising business. Worries about the U.S. economy took the family to Europe in 1872, but they returned in 1875.

Family life


The Brandeises were considered a "cultured family," trying not to discuss business or money during dinner, preferring subjects related to history, politics, and culture, or their daily experiences. Having been raised partly on German culture, Louis read and appreciated the writings of Goethe and Schiller, and his favorite composers were Beethoven and Schumann
Robert Schumann
Robert Schumann, sometimes known as Robert Alexander Schumann, was a German composer, aesthete and influential music critic. He is regarded as one of the greatest and most representative composers of the Romantic era....

.

In their religious beliefs, although his family was Jewish, only his extended family practiced a more conservative form of Judaism, while his parents practiced a more relaxed form. They celebrated the main Christian holidays along with most of their community, even treating Christmas as a secular holiday. His parents raised their children to be "high-minded idealists," rather than depending solely on religion for their purpose and inspiration. In later years, his mother, Frederika, wrote of this period:
"I believe that only goodness and truth and conduct that is humane and self-sacrificing toward those who need us can bring God nearer to us ... I wanted to give my children the purest spirit and the highest ideals as to morals and love. God has blessed my endeavors."


According to biographer Melvin Urofsky, Brandeis was influenced greatly by his uncle Lewis Naphtali Dembitz. Unlike other members of the extended Brandeis family, Dembitz regularly practiced Judaism
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...

 and was actively involved in Zionist activities. Brandeis later changed his middle name from David to Dembitz in honor of his uncle and, through his uncle's model of social activism, became an active member of the Zionist movement later in his life.

Childhood education


Louis grew up in "a family enamored with books, music, and politics, perhaps best typified by his revered uncle, Lewis Dembitz, a refined, educated man who served as a delegate to the Republican convention in 1860 that nominated Abraham Lincoln for president."

In school, Louis was a serious student in languages and other basic courses and usually achieved top scores. Brandeis graduated from the Louisville Male High School
Louisville Male High School
Louisville Male Traditional High School is a public secondary school serving students in grades 9 through 12 in the southside of Louisville, Kentucky, USA. It is part of the Jefferson County Public School District....

 at age 14 with the highest honors. When he was sixteen, the Louisville University of the Public Schools awarded him a gold medal for "excellence in all his studies." Anticipating an economic downturn, Adolph Brandeis relocated the family to Europe in 1872. After a period spent traveling, Louis spent two years studying at the Annen-Realschule in Dresden
Dresden
Dresden is the capital city of the Free State of Saxony in Germany. It is situated in a valley on the River Elbe, near the Czech border. The Dresden conurbation is part of the Saxon Triangle metropolitan area....

, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

, where he excelled. He later credited his capacity for critical thinking and his desire to study law in the United States to his time there.

Law school


Returning to the U.S. in 1875, Brandeis entered Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

 at the age of nineteen. It was his admiration for wide learning and debating skills of his uncle, Lewis Dembitz, that inspired him to study law. Despite the fact that he entered the school without any formal training or financial help from his family, he became "an extraordinary student".

During his time at Harvard, the teaching of law was undergoing a change of method from the traditional, memorization-reliant, "black letter" case law, to a more flexible and interactive Socratic method
Socratic method
The Socratic method , named after the classical Greek philosopher Socrates, is a form of inquiry and debate between individuals with opposing viewpoints based on asking and answering questions to stimulate critical thinking and to illuminate ideas...

, using prior cases as the basis for discussion to instruct students in legal reasoning. Brandeis easily adapted to the new methods, soon became active in class discussions, and joined the Pow-Wow club, similar to today's moot court
Moot court
A moot court is an extracurricular activity at many law schools in which participants take part in simulated court proceedings, usually to include drafting briefs and participating in oral argument. The term derives from Anglo Saxon times, when a moot was a gathering of prominent men in a...

s in law school, which gave him experience in the role of a judge.

In a letter while at Harvard, he wrote of his "desperate longing for more law" and of the "almost ridiculous pleasure which the discovery or invention of a legal theory gives me." He referred to the law as his "mistress," holding a grip on him that he could not break.

Unfortunately, his eyesight began failing as a result of the large volume of required reading and the poor visibility under gaslight
Gas lighting
Gas lighting is production of artificial light from combustion of a gaseous fuel, including hydrogen, methane, carbon monoxide, propane, butane, acetylene, ethylene, or natural gas. Before electricity became sufficiently widespread and economical to allow for general public use, gas was the most...

s. The school doctors suggested he give up school entirely. However, he found another alternative: paying fellow law students to read the textbooks aloud, while he tried to memorize the legal principles. Despite the difficulties, his academic work and memorization talents were so impressive that he graduated as valedictorian
Valedictorian
Valedictorian is an academic title conferred upon the student who delivers the closing or farewell statement at a graduation ceremony. Usually, the valedictorian is the highest ranked student among those graduating from an educational institution...

 and achieved the highest grade point average in the history of the school, a record that stood for eight decades. Brandeis wrote of that period: "Those years were among the happiest of my life. I worked! For me, the world's center was Cambridge."

Early career in law



After graduation, he stayed on at Harvard for another year, where he continued to study law on his own while also earning a small income by tutoring other law students. In 1878 he was admitted to the Missouri bar and accepted a job with a law firm in St. Louis, where he filed his first brief and published his first law review article. However, after seven months, he tired of the minor casework and accepted an offer by his Harvard classmate, Samuel Warren, to set up a law firm in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...

. They were close friends at Harvard where Warren ranked second in the class to Brandeis's first. Warren was also the son of a wealthy Boston family and their new firm was able to benefit from his family's connections.

Soon after returning to Boston, while waiting for the law firm to gain clients, he was appointed law clerk to Horace Gray
Horace Gray
Horace Gray was an American jurist who ultimately served on the United States Supreme Court. He was active in public service and a great philanthropist to the City of Boston.-Early life:...

, the chief justice of the Massachusetts Supreme Court, where he worked for two years. He was admitted to the Massachusetts bar without taking an examination, which he later wrote to his brother, was "contrary to all principle and precedent." According to Klebanow and Jonas, "the speed with which he was admitted probably was due to his high standing with his former professors at Harvard Law as well as to the influence of Chief Justice Gray."

First law firm: Warren and Brandeis


The new firm was eventually successful, having gained new clients from within the state and in several neighboring states as well. Their "former professors referred a number of clients to the two fledgling lawyers," garnering Brandeis more financial security and the freedom to eventually take an active role in progressive causes.

As partner in his law firm, he worked as a consultant and advisor to businesses, but was also as a litigator "who reveled in the challenge of the courtroom." In a letter to his brother, he writes, "There is a certain joy in the exhaustion and backache of a long trial which shorter skirmishes cannot afford." On November 6, 1889, he pleaded for the first time before the U.S. Supreme Court as the Eastern counsel of the Wisconsin Central Railroad and won. Not long after that, Chief Justice Melville Fuller
Melville Fuller
Melville Weston Fuller was the eighth Chief Justice of the United States between 1888 and 1910.-Early life and education:...

 recommended him to a friend as the best attorney he knew of in the Eastern U.S.

Before taking on business clients, he insisted they agree to two major conditions: "first, that he would never have to deal with intermediaries, but only with the person in charge...[and] second, that he must be permitted to offer advice on any and all aspects of the firm's affairs" that seemed relevant. He saw himself as a "counselor at law," rather than simply a strategist in lawsuits. He preferred helping clients avoid such events as lawsuits, strikes, or other crises, by giving early advice. Brandeis explained: "I would rather have clients than be somebody's lawyer." In a note found among his papers, he reminded himself to "advise client on what he should have, not what he wants."

Brandeis describes how he saw himself as an advisor:
Of course there is an immense amount of litigation going on and a great deal of the time of many lawyers is devoted to litigation. But by far the greater part of the work done by lawyers is not done in court at all, but in advising men in important matters, and mainly in business affairs....So, some of the ablest American lawyers of this generation, after acting as professional advisers of great corporations, became finally their managers.


Brandeis was "unusual among lawyers" because he consistently turned away cases he considered bad. If he believed a client to be in the wrong, "either he would persuade his clients to make amends ... or he would withdraw from the case." Once, uncertain as to the rightness of his client's case, he wrote the client, "The position that I should take if I remained in the case would be to give everybody a square deal."

Brandeis's and Warren's firm has been in continuous practice in Boston since its founding in 1879; today the firm is known as Nutter McClennen & Fish LLP.

Common law and the right to privacy


Between 1888 and 1890, Brandeis and his law partner, Samuel Warren, wrote three scholarly articles published in the Harvard Law Review
Harvard Law Review
The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School.-Overview:According to the 2008 Journal Citation Reports, the Review is the most cited law review and has the second-highest impact factor in the category "law" after the...

. The third, "The Right to Privacy," was the most important, with legal scholar Roscoe Pound
Roscoe Pound
Nathan Roscoe Pound was a distinguished American legal scholar and educator. He was Dean of Harvard Law School from 1916 to 1936...

 saying it accomplished "nothing less than adding a chapter to our law."

Brandeis and Warren discussed "snapshot photography," a recent innovation in journalism, that allowed newspapers to publish photographs and statements of individuals without obtaining their consent. They argued that private individuals were being continually injured and that the practice weakened the "moral standards of society as a whole." They wrote:
That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection. Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet the demands of society.

The press is overstepping in every direction the obvious bounds of propriety and of decency. Gossip is no longer the resource of the idle and of the vicious, but has become a trade, which is pursued with industry as well as effrontery. To satisfy a prurient taste the details of sexual relations are spread broadcast in the columns of the daily papers....The intensity and complexity of life, attendant upon advancing civilization, have rendered necessary some retreat from the world, and man, under the refining influence of culture, has become more sensitive to publicity, so that solitude and privacy have become more essential to the individual; but modern enterprise and invention have, through invasions upon his privacy, subjected him to mental pain and distress, far greater than could be inflicted by mere bodily injury.


Legal historian Wayne McIntosh wrote that "the privacy tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...

 of Brandeis and Warren set the nation on a legal trajectory of such profound magnitude that it finally transcended its humble beginnings." State courts and legislatures quickly drew on Brandeis and Warren's work. In 1905 the Georgia Supreme Court recognized a right to privacy in a case involving photographs. By 1909, California, New York, Pennsylvania, Virginia, and Utah had passed statutes establishing the right. In 1939 the American Law Institute's
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...

 Restatement of Torts also recognized a right to privacy at common law. Years later, after becoming a justice on the Supreme Court, Brandeis discussed the right to privacy in his famous dissent
Dissenting opinion
A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....

 in: Olmstead v. United States
Olmstead v. United States
Olmstead v. United States, , was a decision of the Supreme Court of the United States, in which the Court reviewed whether the use of wiretapped private telephone conversations, obtained by federal agents without judicial approval and subsequently used as evidence, constituted a violation of the...

.

Personal life and marriage



Brandeis became engaged to Alice Goldmark, of New York, in 1890. He was then thirty-four years of age and had previously found little time for courtship. Alice was the daughter of a physician, the brother of the composer Karl Goldmark
Karl Goldmark
Karl Goldmark, also known originally as Károly Goldmark and later sometimes as Carl Goldmark; May 18, 1830, Keszthely – January 2, 1915, Vienna) was a Hungarian composer.- Life and career :...

, who had emigrated to America from Austria after the collapse of the Revolution of 1848. They were married on March 23, 1891, at the home of her parents in New York City in a civil ceremony. The newlywed couple moved into a modest home in Boston's Beacon Hill district and had two daughters, Susan, born in 1893 and Elizabeth, 1896.

Alice supported her husband's resolve to devote most of his time to public causes. The Brandeis family "lived well but without extravagance." With the continuing success of his law practice, they later purchased a vacation cottage in Dedham where they would spend many of their weekends and summer vacations. Unexpectedly, his wife's health soon became frail, so in addition to his professional duties he found it necessary to manage the family's domestic affairs.
They shunned the more luxurious ways of their class, holding few formal dinner parties and avoiding the luxury hotels when they traveled. Brandeis would never fit the stereotype of the wealthy man. Although he belonged to a polo club, he never played polo. He owned no yacht, just a canoe that he would paddle by himself on the fast-flowing river that adjoined his cottage in Dedham. He wrote to his brother of his brief trips to Dedham: "Dedham is a spring of eternal youth for me. I feel newly made and ready to deny the existence of these gray hairs."

Career as a public advocate


In 1889, Brandeis entered a new phase in his legal career when his partner, Samuel Warren, withdrew from their partnership to take over his recently deceased father's paper company. He then took on cases with the help of colleagues, two of whom became partners in his new firm, Brandeis, Dunbar, and Nutter, in 1897.

He won his first important victory in 1891, when he persuaded the Massachusetts legislature "to make the liquor laws less restrictive and...in his view, more reasonable and enforceable." In arguing his case, he managed "to devise a viable middle course." By "moderating" the existing regulations, he told the lawmakers that "they would, at a single stroke, deprive the liquor dealers of their incentive to violate the laws and to corrupt through bribery the politics of Massachusetts." The legislature was won over by his arguments and changed the regulations.

Brandeis wrote that "the law has everywhere a tendency to lag behind the facts of life." Therefore he planned, according to historian Steven Piott, to "chip away at the assumption that the principles of law should be unchanging" and "break the traditional hold on legal thinking and work to harmonize the law with the needs of the community."
Part of his reasoning and philosophy for acting as a public advocate he later explained in his 1911 book, The Opportunity in the Law:
"The counsel selected to represent important private interests possesses usually ability of a high order, while the public is often inadequately represented or wholly unrepresented. That presents a condition of great unfairness to the public. As a result, many bills pass in our legislatures which would not have become law if the public interest had been fairly represented. . . Those of you who feel drawn to that profession may rest assured that you will find in it an opportunity for usefulness probably unequaled. There is a call upon the legal profession to do a great work for this country."


In one of his first such cases, in 1894, he represented Alice N. Lincoln, a Boston philanthropist and noted crusader for the poor. He appeared at public hearings to promote investigations into conditions in the public poor-houses. Lincoln, who had visited these poor-houses for years, "charged that the inmates were dwelling in misery and that the temporarily unemployed were being thrown in together callously with the mentally ill and hardened criminals." Brandeis spent nine months and held fifty-seven public hearings, at one such hearing proclaiming, "Men are not bad. Men are degraded largely by circumstances....It is the duty of every man...to help them up and let them feel that there is some hope for them in life." As a result of the hearings, the board of aldermen decreed that the administration of the poor law would be completely reorganized.

In 1896, he was asked to lead the fight against a Boston transit company which was trying to gain concessions from the state legislature that would have given it a "stranglehold on the city's emerging subway system." Brandeis prevailed and the legislature enacted his bill.

However, the transit franchise struggle revealed that many of Boston's politicians had placed "friends" and "ward heelers" on the payrolls of the private transit companies. Lief writes that "One alderman alone had found work in this way for 200 of his followers. . . . [and] in Boston, as in other American cities, such abuses were part of a larger pattern of corruption in which graft and bribery were commonplace. Convicted felons would return from prison terms to resume their political careers.". "Always the moralist," writes biographer Thomas Mason, "Brandeis declared that 'misgovernment in Boston had reached the danger point.'" He announced that from then on he would keep a ledger of "good and bad deeds," making a record of Boston's politicians accessible to all the city's voters. If one of his public addresses in 1903, he stated his goal:
We want a government that will represent the laboring man, the professional man, the businessman, and the man of leisure. We want a good government, not because it is good business but because it is dishonorable to submit to a bad government. The great name, the glory of Boston, is in our keeping.


In 1906, Brandeis won a modest victory when the state legislature enacted a measure he drafted designed to make it a punishable crime for a public official to solicit a job from a regulated public utility or for an officer of such a company to offer such favors.

He summed up his anti-corruption philosophy in his closing argument for the Glavis-Ballinger case of 1910, describing his vision of the public servant:
They cannot be worthy of the respect and admiration of the people unless they add to the virtue of obedience some other virtues—the virtues of manliness, of truth, of courage, of willingness to risk positions, of the willingness to risk criticism, of the willingness to risk the misunderstanding that so often comes when people do the heroic thing.

Against monopolies


During the 1890s Brandeis began to question his views on the "industrial order in America," write Klebanow and Jonas. Becoming more aware that there was a growing number of "giant firms" which were capable of dominating whole industries, he began to lose faith that the economic system was able to regulate them for the public's welfare. As a result, he began denouncing "cut-throat competition" and fretted over the dangers of monopoly. "He became more aware of the plight of workers and more sympathetic to the labor movement." His earlier legal battles had convinced him, according to Piott, "that concentrated economic power could have a negative effect on a free society."

However, he also recognized the limits of trying to split up some monopolies. In an address in 1912, he said:
"Understand, I am not for monopoly when we can help it. We intend to restore competition. We intend to do away with the conditions that make for monopoly. But there are certain monopolies that we cannot prevent. I understand that the steel trust is not an absolute monopoly, but if it were, what would be the use of splitting up the steel trust into companies controlled by Morgan, Carnegie, and Rockefeller, say? Would it ameliorate conditions at all? Would it make prices lower to the consumer?-the wages and the conditions higher to the worker? Don't you suppose that these three fellows would agree on prices and methods unofficially?"

Against big corporations


As Klebanow and Jonas make clear, Brandeis was becoming increasingly conscious of and hostile to powerful corporations and the trend toward bigness in American industry and finance. He argued bigness conflicted with efficiency and added a new dimension to the Efficiency Movement
Efficiency Movement
The Efficiency Movement was a major movement in the United States, Britain and other industrial nations in the early 20th century that sought to identify and eliminate waste in all areas of the economy and society, and to develop and implement best practices. The concept covered mechanical,...

 of the Progressive Era. As early as 1895 he had pointed out the harm that giant corporations could do to competitors, customers, and their own workers. The growth of industrialization was creating mammoth companies which he felt threatened the well-being of millions of Americans. Although the Sherman Anti-Trust Act was enacted in 1890, it was not until the 1900s that there was any major effort to apply it.

In fact, by 1910 Brandeis noticed that even America's leadership, including President Theodore Roosevelt
Theodore Roosevelt
Theodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...

, were beginning to question the value of antitrust policies. Business experts were contending that "there was nothing that could prevent to continuing concentration of industry and therefore, like it or not, big business was here to stay." As a result, leaders like Roosevelt saw the need to "regulate," but not limit, the growth and operation of corporate monopolies, whereas Brandeis felt the trend to bigness should be slowed, if not reversed. His experience convinced him that monopolies and trusts were "neither inevitable nor desirable." In support of Brandeis's position were presidential candidate William Jennings Bryan
William Jennings Bryan
William Jennings Bryan was an American politician in the late-19th and early-20th centuries. He was a dominant force in the liberal wing of the Democratic Party, standing three times as its candidate for President of the United States...

 and Robert M. LaFollette, senator from Wisconsin.

Brandeis furthermore denied that large trusts were more efficient than the smaller firms which were generally driven out of business. He argued the opposite was often true, that monopolistic enterprises became "less innovative" because, he wrote, their "secure positions freed them from the necessity which has always been the mother of invention." To him there was no way an executive could learn all the details of running a huge and unwieldy company. "There is a limit to what one man can do well," he wrote. Brandeis was naturally aware of the economies of scale
Economies of scale
Economies of scale, in microeconomics, refers to the cost advantages that an enterprise obtains due to expansion. There are factors that cause a producer’s average cost per unit to fall as the scale of output is increased. "Economies of scale" is a long run concept and refers to reductions in unit...

 and initially lower prices offered by growing companies, but he emphasized the future by claiming that once a trust drove out its competition, "the quality of its products tended to decline while the prices charged for them tended to go up." Eventually, he felt, the trusts would be like "clumsy dinosaurs, which, if they ever had to face real competition, would collapse of their own weight." In an address to the Economic Club of New York in 1912, he said:
"We learned long ago that liberty could be preserved only by limiting in some way the freedom of action of individuals; that otherwise liberty would necessarily yield to absolutism; and in the same way we have learned that unless there be regulation of competition, its excesses will lead to the destruction of competition, and monopoly will take its place.

"A large part of our people have also learned that efficiency in business does not grow indefinitely with the size of business. Very often, a business grows in efficiency as it grows from a small business to a large business; but there is a unit of greatest efficiency in every business, at any time, and a business may be too large to be efficient, as well as too small. Our people have also learned to understand the true reason for a large part of those huge profits which have made certain trusts conspicuous. They have learned that these profits are not due in the main to efficiency, but are due to the control of the market, to the exercise by a small body of men of the sovereign taxing power."

Against mass consumerism


Among Brandeis's key themes was the conflict he saw between nineteenth-century values with its culture of the small producer, against an emerging twentieth-century age of big business and its consumerist mass society. McCraw notes that Brandeis's "hostility to the new consumerism found vivid expression in his own behavior. Though himself a millionaire, he disliked most other wealthy persons, being profoundly disturbed by their ostentatious consumption." He never shopped for his own clothes, preferring to reorder the same suits that served him well, nor did he own a yacht like his friends, but was satisfied with his canoe.

As a result, he developed a hatred of advertising and a loss of respect for the average "manipulated" consumer. He recognized that a dependence by newspapers and magazines on advertising for their revenues caused them to be "less free" than they should be. And national advertisers further undermined the relationship between consumers and local businesses. He went so far, writes McCraw, as to "urge journalists to 'teach the public' such lessons as 'to look with suspicion upon every advertised article'."

But in general, Brandeis felt that consumers were becoming "servile, self-indulgent, indolent, [and] ignorant." The consumer, he said, "had abrogated his role as a countervailing power against bigness. . . He lies not only supine, but paralyzed, and deserves to suffer like others who take their lickings 'lying down.'" He was repelled by the flaunting materialism overtaking America, often denouncing conspicuous consumption. But by doing so, notes McCraw, "he drifted imperceptibly into an attack on consumer preference, a principle that lies at the very core of a market economy."

Becoming the "People's Lawyer"



Klebanow and Jonas write that Brandeis had begun to evolve into "the people's lawyer." He was no longer accepting payment for "public interest" cases even when they required pleadings before judges, legislative committees, or administrative agencies. He also became involved in developing public opinion through writing magazine articles, making speeches, or helping form interest groups. He "insisted on serving without pay so that he would be free to address the wider issues involved rather than confine himself merely to the case at hand."

In a 1905 address to law students and others at Harvard, he explained his philosophy:
"The great achievement of the English-speaking people is the attainment of liberty through law. It is natural, therefore, that those who have been trained in the law should have borne an important part in that struggle for liberty and in the government which resulted . . . .

Instead of holding a position of independence, between the wealthy and the people, prepared to curb the excesses of either, able lawyers have, to a large extent, allowed themselves to become adjuncts of great corporations and have neglected the obligation to use their powers for the protection of the people. We hear much of the 'corporation lawyer,' and far too little of the 'people's lawyer.' The great opportunity of the American Bar is and will be to stand again as it did in the past, ready to protect also the interests of the people."


In 1910, a New York Times article tried to explain how someone of the stature of Brandeis would suddenly decide to become a public advocate:
Mr. Brandeis frankly admits that the thing looks queer;... Some men buy diamonds, some collect paintings and rare works of art, others delight in automobiles or swift aero racers. His hobby is to give himself the luxury of taking up a problem for the people and absolutely refusing to be compensated therefor.... In this way he expects to be able to avoid the misfortune of accumulating too great wealth and leaving to his children the handicap of having too much money. He would prefer that they should earn their way. He had the good fortune just as he was beginning to study law to be compelled by his father's financial reverses to borrow means to go on with his studies, and he has always believed it was a providential experience.

Developing new life insurance system


In March 1905, he became counsel to a New England policyholder's committee concerned that their scandal-ridden insurance company would file bankruptcy and the policyholders would lose their investments and insurance protection. He insisted on serving without pay in order to give him the freedom to address the wider issues involved. He then spent the next year studying the workings of the life insurance industry, often writing articles and giving speeches about his findings, at one point describing their practices as "legalized robbery." By 1906 he concluded that life insurance was "simply a bad bargain for the vast majority of policyholders" due mostly to the inefficiency of the industry. He also learned that the policies of "poorly paid breadwinners" were canceled when they missed a payment, due to little-understood clauses within the policy. As a result, he discovered that most policies lapsed, and only one out of eight original policyholders actually received benefits, leading to large insurance company profits.

He succeeded in "creating a groundswell" in Massachusetts with his personal campaign of educating the public, and created a new "savings bank life insurance" system with the help of progressive businessmen, social reformers, and trade unionists. By March 1907, the Savings Bank Insurance League had 70,000 members and his "face and name were appearing regularly in newspapers..." He persuaded the former governor, a Republican, to become its president, and the current governor stated in his annual message his wish for the legislature to study plans for "cheaper insurance that may rob death of half of its terrors for the worthy poor." Brandeis drafted his own bill, and three months later the "savings bank insurance measure was signed into law." He always said this bill was one of "his greatest achievements" and, like a proud parent, he "kept a watchful eye on it."

Preventing J.P. Morgan's railroad monopoly


While still involved with the life insurance industry, he took on another public interest case: the struggle to prevent New England's largest railroad company, New Haven Railroad, from gaining control of its chief competitor, the Boston and Maine Railroad
Boston and Maine Railroad
The Boston and Maine Corporation , known as the Boston and Maine Railroad until 1964, was the dominant railroad of the northern New England region of the United States for a century...

. His foes were the most powerful he had ever encountered, including the region's most affluent families, Boston's legal establishment, and the large State Street
State Street (Boston)
State Street is a major street in the financial district in Boston, Massachusetts and is one of the oldest streets in the city. The street is the site of some historic landmarks. The Faneuil Hall Marketplace can also be found nearby...

 bankers. Klebanow and Jonas add that "the New Haven had been under the control of J.P. Morgan, the most powerful of all American bankers and probably the most dominating figure in all of American business."

J.P. Morgan had "pursued a policy of expansion" by acquiring many of the line's competitors to make the New Haven into a single unified network. Acquisitions included "not only railways, but also trolley and shipping companies," writes historian John Weller. In June, 1907, he was asked by Boston and Maine stockholders to present their cause to the public, a case which he again took on by insisting on serving without payment, "leaving him free to act as he thought best."

After months of extensive research, he published a seventy-page booklet in which he argued that New Haven's acquisitions were putting its financial condition in jeopardy, and predicted that within a few years it would be forced to cut its dividends or become insolvent. He spoke in public warning Boston's citizens that the New Haven "sought to monopolize the transportation of New England and raising the prospect of alien control." He quickly found himself "under attack" by not only the New Haven, but also by many newspapers, magazines, chambers of commerce, Boston bankers, and college professors. "I have made," he wrote his brother, "more enemies than in all my previous fights together."

By 1908, however, the New Haven's proposed merger was "dealt several stunning blows." Among them, the Massachusetts Supreme Court ruled that New Haven had acted illegally during earlier acquisitions. Brandeis met twice with President Theodore Roosevelt
Theodore Roosevelt
Theodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...

, who convinced the U.S. Department of Justice to file suit against New Haven for antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...

 violations. At a subsequent hearing in front of the Interstate Commerce Commission
Interstate Commerce Commission
The Interstate Commerce Commission was a regulatory body in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads to ensure fair rates, to eliminate rate discrimination, and to regulate other aspects of common carriers, including...

 in Boston, New Haven's president "admitted that the railroad had maintained a floating slush fund
Slush fund
A slush fund, colloquially, is an auxiliary monetary account or a reserve fund. However, in the context of corrupt dealings, such as those by governments or large corporations, a slush fund can have particular connotations of illegality, illegitimacy, or secrecy in regard to the use of this money...

 that was used to make 'donations' to politicians who cooperated."

Within a few years, "Haven's finances came undone just as Brandeis had predicted they would." By the spring of 1913, the Department of Justice launched a new investigation, and the following year the Interstate Commerce Commission charged the New Haven with "extravagance and political corruption and its board of directors with dereliction of duty." As a result, the New Haven gave up its "struggle for expansion" by disposing of its Boston and Maine stock and selling off its recent acquisitions of competitors. As Mason describes it, "after a nine-year battle against a powerful corporation ... and in the face of a long, bitter campaign of personal abuse and vilification, Brandeis and his cause again prevailed."

In 1934, during another confrontation with The House of Morgan
The House of Morgan
The House of Morgan: An American Banking Dynasty and the Rise of Modern Finance is a non-fiction book by Ron Chernow, published in 1990. It traces the history of four generations of the J.P...

, this one relating to securities regulation bills, J.P. Morgan's resident economist, Russell Leffingwell, reminded their banker, Tom Lamont, when he wrote, ". . . I think you underestimate the forces we are antagonizing. . . I believe that we are confronted with the profound politico-economic philosophy, matured in the wood for twenty years, of the finest brain and the most powerful personality in the Democratic party, who happens to be a Justice of the Supreme Court." Banking historian Ron Chernow writes that "For the House of Morgan, Louis Brandeis was more than just a critic, he was an adversary of almost mythical proportion."

Upholding workplace laws with the "Brandeis Brief"


In 1908 he chose to represent the state of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

 in the case of Muller v. Oregon
Muller v. Oregon
Muller v. Oregon, , was a landmark decision in United States Supreme Court history, as it justifies both sex discrimination and usage of labor laws during the time period...

, to the U.S. Supreme Court. At issue was whether it was constitutional for a state law to limit the hours that female workers could work. Up until this time it was considered an "unreasonable infringement of freedom of contract" between employers and their employees for a state to set any wages or hours legislation.

Brandeis, however, discovered that earlier Supreme Court cases limited the rights of contract when the contract had "a real or substantial relation to public health or welfare." He therefore decided that the best way to present the case would be to demonstrate through an abundance of workplace facts, "a clear connection between the health and morals of female workers" and the hours that they were required to work. To accomplish this, he filed what has become known today as the "Brandeis Brief
Brandeis Brief
The Brandeis Brief was a pioneering legal brief that was the first in United States legal history to rely not on pure legal theory, but also on analysis of factual data. It is named after litigator Louis Brandeis, who presented it in his argument for the 1908 US Supreme Court case Muller v. Oregon...

." Here, he presented a much shorter traditional brief, but included more than a hundred pages of documentation, including social worker reports, medical conclusions, factory inspector observations, and other expert testimonials, which together showed a preponderance of evidence that "when women worked long hours, it was destructive to their health and morals."

The strategy worked, and the Oregon law was upheld. Justice David Brewer
David Josiah Brewer
David Josiah Brewer was an American jurist and an Associate Justice of the U.S. Supreme Court for 20 years.-Early life:...

 directly credited Brandeis with demonstrating "a widespread belief that woman's physical structure and the functions that she performs ... justify special legislation." Thomas Mason writes that with the Supreme Court affirming Oregon's minimum wage law
Minimum wage law
Minimum wage law is the body of law which prohibits employers from hiring employees or workers for less than a given hourly, daily or monthly minimum wage. More than 90% of all countries have some kind of minimum wage legislation....

, Brandeis "became the leading defender in the courts of protective labor legislation" . As Justice Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...

 wrote years later, "Brandeis usually sided with the workers; he put their cause in noble words and the merits of their claims with shattering clarity."

One of the hallmarks of the case was Brandeis's minimizing common-law jurisprudence in favor of extralegal information relevant to the case. According to judicial historian Stephen Powers, the "so-called 'Brandeis Brief' became a model for progressive litigation," by taking into consideration social and historical realities rather than just the abstract general principles. He adds that it had "a profound impact on the future of the legal profession" by accepting more broad-based legal information. John Vile adds that this new "Brandeis Brief" was increasingly used, most notably in the Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...

case in 1954 that desegregated public schools.

Supporting President Wilson



Brandeis's positions on regulating large corporations and monopolies carried over into the presidential campaign of 1912. Democratic candidate Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...

 made it "the central issue," and, according to Wilson historian Arthur Link, "part of a larger debate over the future of the economic system and the role of the national government in American life." Whereas the Progressive Party candidate, Theodore Roosevelt
Theodore Roosevelt
Theodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...

 felt that trusts were inevitable and should be regulated, Wilson and his party aimed to "destroy the trusts" by ending special privileges, such as protective tariffs and unfair business practices that made them possible.

On that basis, Brandeis, though "nominally a Republican," supported Wilson and urged his friends and associates to join him. The two men met for the first time at a private conference in New Jersey that August and spent three hours discussing economic issues. Mason notes that Brandeis came away from the meeting a "confirmed admirer of Wilson, whom he described in letters to his friends as possessed of a remarkable mind and likely to make 'an ideal president.'" Wilson thereafter began using the term "regulated competition," the concept that Brandeis had developed, and made it the essence of his program. In September, Wilson asked Brandeis to "set forth explicitly the actual measures by which competition can be effectively regulated."

After his victory in the November election, Wilson wrote to Brandeis, "You were yourself a great part of the victory." Wilson considered nominating Brandeis first for Attorney General and later for Secretary of Commerce, but backed down after a loud outcry from corporate executives that he had once opposed in court battles. He concluded that Brandeis was too controversial a figure to appoint to his cabinet.

Nevertheless, during Wilson's first year as president, Brandeis "played a key role in shaping the Federal Reserve Act," according to banking historian Albert Link. He adds that "Brandeis's arguments were decisive in breaking the deadlock on the banking issue." Wilson endorsed the banking proposals of Brandeis and Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...

 William Jennings Bryan, who, Piott points out, felt that "the banking system needed to be democratized and its currency issued and controlled by the government," and convinced Congress to enact the Federal Reserve Act
Federal Reserve Act
The Federal Reserve Act is an Act of Congress that created and set up the Federal Reserve System, the central banking system of the United States of America, and granted it the legal authority to issue Federal Reserve Notes and Federal Reserve Bank Notes as legal tender...

 in December 1913.

In 1913, Brandeis wrote a series of articles for Harper's Weekly that suggested ways of curbing the power of large banks and money trusts. Then in 1914 he published a book entitled Other People's Money and How the Bankers Use It
Other People's Money and How the Bankers Use It
Other People's Money And How the Bankers Use It is a collection of essays written by Louis Brandeis first published as a book in 1914, and reissued in 1933.-Contents:...

.
He also urged the Wilson administration to develop proposals for new antitrust legislation to give the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...

 the power to enforce antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...

 laws. McCraw writes that he was "one of the architects" of the Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...

 and served as Wilson's chief economic adviser from 1912 until 1916. "Above all else," he adds, "Brandeis exemplified the anti-bigness ethic without which there would have been no Sherman Act, no antitrust movement, and no Federal Trade Commission."

Nominated to the Supreme Court


On January 29, 1916, Wilson "surprised the nation" by nominating Brandeis to become a member of the U.S. Supreme Court. However, his nomination was bitterly contested and denounced by conservative Republicans, including former president (and future Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...

) William Howard Taft
William Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...

, whose credibility was damaged by Brandeis in court battles and at one point calling him a "muckraker
Muckraker
The term muckraker is closely associated with reform-oriented journalists who wrote largely for popular magazines, continued a tradition of investigative journalism reporting, and emerged in the United States after 1900 and continued to be influential until World War I, when through a combination...

." Further opposition came from the legal profession, including former Attorney General George W. Wickersham
George W. Wickersham
George Woodward Wickersham was an American lawyer and Presidential Cabinet Secretary.-Biography:Born in Pittsburgh, Pennsylvania, he graduated from the University of Pennsylvania...

 and former presidents of the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...

, such as ex-Senator and Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...

 Elihu Root
Elihu Root
Elihu Root was an American lawyer and statesman and the 1912 recipient of the Nobel Peace Prize. He was the prototype of the 20th century "wise man", who shuttled between high-level government positions in Washington, D.C...

 of New York, claiming he was "unfit" to serve on the Supreme Court.

The controversy surrounding Brandeis's nomination was so great that the Senate Judiciary Committee
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...

, for the first time in its history, held a public hearing on the nomination, allowing witnesses to appear before the committee and offer testimony both in support of and in opposition to Brandeis's confirmation. While previous nominees to the Supreme Court had been confirmed or rejected by a simple up-or-down vote on the Senate floor—often on the same day on which the President had sent the nomination to the Senate—a then-unprecedented four months lapsed between Wilson's nomination of Brandeis and the Senate's final confirmation vote.

"What Brandeis's opponents most objected to," write Klebanow and Jonas, "was his 'radicalism'." The Wall Street Journal wrote, "In all the anti-corporation agitation of the past, one name stands out . . . where others were radical, he was rabid." And the New York Times also felt that having been a noted "reformer" for so many years, he would lack the "dispassionate temperament that is required of a judge." Justice William O. Douglas, many years later, wrote that the nomination of Brandeis "frightened the Establishment" because he was "a militant crusader for social justice."

According to legal historian Scot Powe, much of the opposition to Brandeis' appointment also stemmed from "blatant anti-semitism.". Taft would accuse Brandeis of using his Judaism to curry political favor, and Wickersham would refer to Brandeis' supporters (and Taft's critics) as "a bunch of Hebrew uplifters." Senator Henry Cabot Lodge
Henry Cabot Lodge
Henry Cabot "Slim" Lodge was an American Republican Senator and historian from Massachusetts. He had the role of Senate Majority leader. He is best known for his positions on Meek policy, especially his battle with President Woodrow Wilson in 1919 over the Treaty of Versailles...

 privately complained that "If it were not that Brandeis is a Jew, and a German Jew, he would never have been appointed[.]"

However, those in favor of seeing him join the court were just as numerous and influential. Supporters included attorneys, social workers, and reformers with whom he had worked on cases, and "they testified eagerly in his behalf." Harvard law professor Roscoe Pound
Roscoe Pound
Nathan Roscoe Pound was a distinguished American legal scholar and educator. He was Dean of Harvard Law School from 1916 to 1936...

 told the committee that "Brandeis was one of the great lawyers," and predicted, writes Todd, that he would one day rank "with the best who have sat upon the bench of the Supreme Court." Other lawyers who supported him pointed out to the committee that he "had angered some of his clients by his conscientious striving to be fair to both sides in a case."

In May, when the Senate Judiciary Committee asked the Attorney General to provide the letters of endorsement that traditionally accompanied a Supreme Court nomination, Attorney General Gregory
Thomas Watt Gregory
Thomas Watt Gregory was an American attorney and Cabinet Secretary.-Biography:Born in Crawfordsville, Mississippi, he graduated from The Webb School in Bell Buckle, TN in 1881, Southwestern Presbyterian University in 1883, and was a special student at the University of Virginia...

 found there were none. President Wilson had made the nomination on the basis of personal knowledge. In reply to the Committee, President Wilson wrote a letter to the Chairman, Senator Culberson
Charles Allen Culberson
Charles Allen Culberson was an American political figure and Democrat who served as the 21st Governor of Texas from 18951899, and as a United States Senator from Texas from 18991923....

, testifying to his own personal estimation of the nominee's character and abilities. He called his nominee's advice "singularly enlightening, singularly clear-sighted and judicial, and, above all, full of moral stimulation." He added:
I cannot speak too highly of his impartial, impersonal, orderly, and constructive mind, his rare analytical powers, his deep human sympathy, his profound acquaintance with the historical roots of our institutions and insight into their spirit, or of the many evidences he has given of being imbued, to the very heart, with our American ideals of justice and equality of opportunity; of his knowledge of modern economic conditions and of the way they bear upon the masses of the people, or of his genius in getting persons to unite in common and harmonious action and look with frank and kindly eyes into each other's minds, who had before been heated antagonists.


A month later, on June 1, 1916, the Senate officially confirmed his nomination by a vote of 47 to 22. Forty four Democratic Senators and three Republicans (La Follette
Robert M. La Follette, Sr.
Robert Marion "Fighting Bob" La Follette, Sr. , was an American Republican politician. He served as a member of the U.S. House of Representatives, was the Governor of Wisconsin, and was also a U.S. Senator from Wisconsin...

, Norris, and Poindexter
Miles Poindexter
Miles Poindexter was an American politician. As a Republican and later a Progressive, he served as a United States Representative and United States Senator.-Early life:Poindexter was born in Memphis, Tennessee...

) voted in favor of confirming Brandeis. Twenty one Republican Senators and one Democrat (Francis G. Newlands
Francis G. Newlands
Francis Griffith Newlands was a United States Representative and Senator from Nevada.-Early life:Newlands was born in Natchez, Mississippi, on August 28, 1846...

) voted against his confirmation.

Gilbert v. Minnesota (1920) - Freedom of speech


There was a strong conservative streak in the U.S. beginning with World War I and into the 1920s, and this conservatism was reflected in decisions of the Supreme Court. In clear contrast to many of the Court's positions, however, both Brandeis and Justice Oliver Wendell Holmes Jr. often dissented and became known for consistently challenging the majority's view. These dissents were most noteworthy in cases dealing with the free speech rights of defendants who had expressed opposition to the military draft. Justice Holmes developed the concept of "clear and present danger
Clear and present danger
Clear and present danger was a term used by Justice Oliver Wendell Holmes, Jr. in the unanimous opinion for the case Schenck v. United States, concerning the ability of the government to regulate speech against the draft during World War I:...

" as the test any restriction on speech had to meet. Both Holmes and Brandeis used this doctrine in other cases. Vile points out that Brandeis was "spurred by his appreciation for democracy, education, and the value of free speech and continued to argue vigorously for...free speech even in wartime because of its educational value and the importance to democracy." And according to legal historian John Raeburn Green, Brandeis's philosophy influenced Justice Holmes himself, and writes that "Justice Holmes' conversion to a profound attachment to freedom of expression...may be taken to have occurred in 1919, and to have coincided roughly with the advent of Mr. Justice Brandeis's influence."

One such case was Gilbert v. Minnesota (1920) which dealt with a state law prohibiting interference with the military's enlistment efforts. In his dissenting opinion, Brandeis wrote that the statute affected the "rights, privileges, and immunities of one who is a citizen of the United States; and it deprives him of an important part of his liberty....[T]he statute invades the privacy and freedom of the home. Father and mother may not follow the promptings of religious belief, of conscience or of conviction, and teach son or daughter the doctrine of pacifism. If they do, any police officer may summarily arrest them."

Legal author Ken Gormley
Ken Gormley (academic)
Ken Gormley is the dean and a constitutional law professor at Duquesne University in Pittsburgh, Pennsylvania. He also serves as Counsel to Schnader Harrison Segal & Lewis LLP. He is an expert on Watergate and special prosecutors....

 says Brandeis was "attempting to introduce a notion of privacy which was connected in some fashion to the Constitution...and which worked in tandem with the First Amendment to assure a freedom of speech within the four brick walls of the citizen's residence." In 1969, in Stanley v. Georgia
Stanley v. Georgia
Stanley v. Georgia, , was a United States Supreme Court decision that helped to establish an implied "right to privacy" in U.S. law.The Georgia home of Robert Eli Stanley, a suspected and previously convicted bookmaker, was searched by police with a federal warrant to seize betting paraphernalia...

, Justice Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...

 succeeded in linking the right of privacy with freedom of speech and making it part of the constitutional structure, quoting from Brandeis's Olmstead
Olmstead v. United States
Olmstead v. United States, , was a decision of the Supreme Court of the United States, in which the Court reviewed whether the use of wiretapped private telephone conversations, obtained by federal agents without judicial approval and subsequently used as evidence, constituted a violation of the...

dissent and his Whitney
Whitney v. California
Whitney v. California, 274 U.S. 357 , was a United States Supreme Court decision upholding the conviction of an individual who had engaged in speech that raised a threat to society.-Facts:...

concurrence, and adding his own conclusions from the case at hand, which dealt with the issue of viewing pornography at home:
"It is now well established that the Constitution protects the right to receive information and ideas. . . If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch. Our whole constitutional heritage rebels at the thought of giving government the power to control men's minds. . . Georgia asserts the right to protect the individual's mind from the effects of obscenity. We are not certain that this argument amounts to anything more than the assertion that the State has the right to control the moral content of a person's thoughts."

Whitney v. California (1927) - Freedom of speech


The case of Whitney v. California
Whitney v. California
Whitney v. California, 274 U.S. 357 , was a United States Supreme Court decision upholding the conviction of an individual who had engaged in speech that raised a threat to society.-Facts:...

is notable partly because of the concurring opinion of both Justices Brandeis and Holmes. The case dealt with the prosecution of a woman for aiding the Communist Labor Party, an organization that was promoting the violent overthrow of the government. In their opinion and test to uphold the conviction, they expanded the definition of "clear and present danger" to include the condition that the "evil apprehended is so imminent that it may befall before there is opportunity for full discussion." According to legal historian Anthony Lewis, scholars have lauded Brandeis's opinion "as perhaps the greatest defense of freedom of speech ever written by a member of the high court." In their concurring opinion, they wrote:
"Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women. It is the function of free speech to free men from bondage of irrational fears. . . Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. . . "

Olmstead v. United States (1928) - Right of privacy



In his widely cited dissenting opinion
Dissenting opinion
A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....

 in Olmstead v. United States
Olmstead v. United States
Olmstead v. United States, , was a decision of the Supreme Court of the United States, in which the Court reviewed whether the use of wiretapped private telephone conversations, obtained by federal agents without judicial approval and subsequently used as evidence, constituted a violation of the...

(1928), Brandeis relied on thoughts he developed in his Harvard Law Review article in 1890. But in his dissent, he now changed the focus whereby he urged making personal privacy matters more relevant to constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....

, going so far as saying "the government [was] identified . . . as a potential privacy invader." At issue in Olmstead was the use of wiretap technology to gather evidence. Referring to this "dirty business," he then tried to combine the notions of civil privacy and the "right to be left alone" with the right offered by the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...

 which disallowed unreasonable search and seizure. Brandeis wrote in his lengthy dissent:
"The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred against the government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized men."


In succeeding years his right of privacy concepts gained powerful disciples who relied on his dissenting opinion: Justice Frank Murphy
Frank Murphy
William Francis Murphy was a politician and jurist from Michigan. He served as First Assistant U.S. District Attorney, Eastern Michigan District , Recorder's Court Judge, Detroit . Mayor of Detroit , the last Governor-General of the Philippines , U.S...

, in 1942, used his Harvard Law Review article in writing an opinion for the Court; a few years later, Justice Felix Frankfurter
Felix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...

 referred to the Fourth Amendment as the "protection of the right to be let alone," as in the 1947 case of Harris v. U.S., where his opinion wove together the speeches of James Otis
James Otis, Jr.
James Otis, Jr. was a lawyer in colonial Massachusetts, a member of the Massachusetts provincial assembly, and an early advocate of the political views that led to the American Revolution. The phrase "Taxation without Representation is Tyranny" is usually attributed to him...

, James Madison
James Madison
James Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...

, John Adams
John Adams
John Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...

, and Brandeis's Olmstead opinion, proclaiming the right of privacy as "second to none in the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...



Again, five years later, Justice William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...

 openly declared that he had been wrong about his earlier tolerance of wiretapping and wrote, "I now more fully appreciate the vice of the practices spawned by Olmstead. . . I now feel that I was wrong . . . Mr. Justice Brandeis in his dissent in Olmstead espoused the cause of privacy - the right to be let alone. What he wrote is an historic statement of that point of view. I cannot improve on it." And in 1963, Justice William J. Brennan, Jr.
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...

 joined with these earlier opinions taking the position that "the Brandeis point of view" was well within the longstanding tradition of American law.

However, it took the growth of surveillance technology during the 1950s and 1960s and the "full force of the Warren Court
Warren Court
The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents...

's due process revolution," writes McIntosh, to finally overturn the Olmstead law: in 1967, Justice Potter Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...

 wrote the opinion overturning Olmstead in Katz v. U.S. McIntosh adds, "A quarter-century after his death, another component of Justice Brandeis's privacy design was enshrined in American law."

As Wayne McIntosh notes, "the spirit, if not the person, of Louis Brandeis, has continued to stimulate the constitutional mutation of a 'right to privacy'." These influences have manifested themselves in major decisions relating to everything from abortion rights to the "right to die" controversies. Cases dealing with a state ban on the dissemination of birth control information expanded on Brandeis by including an individual's "body," not just her "personality," as part of her right to privacy. In another case, Justice Harlan
John Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...

 credited Brandeis when he wrote, "The entire fabric of the Constitution . . . guarantees that the rights to marital privacy and to marry and raise a family are of similar order and magnitude as the fundamental rights specifically protected." And the landmark case of Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...

, one of the most controversial and politically significant cases in U.S. Supreme Court history, the Court wrote, "This right of privacy . . . is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

Packer Corporation v. Utah (1932) - Captive audience and free speech


In Packer Corporation v. Utah (1932), Brandeis was to advance an exception to the right of free speech. In this case, a unanimous Court, led by Brandeis, found a clear distinction between advertising placed in newspapers and magazines with those placed on public billboards. The case was a notable exception and dealt with a conflict between widespread First Amendment rights with the public's right of privacy and advanced a theory of the "captive audience." Brandeis delivered the opinion of the Court to advance privacy interests:
"Advertisements of this sort are constantly before the eyes of observers on the streets and in street cars to be seen without the exercise of choice or volition on their part. Other forms of advertising are ordinarily seen as a matter of choice on the part of the observer. The young people as well as the adults have the message of the billboard thrust upon them by all the arts and devices that skill can produce. In the case of newspapers and magazines, there must be some seeking by the one who is to see and read the advertisement. The radio can be turned off, but not so the billboard or street car placard"

New Deal cases


Along with Benjamin Cardozo and Harlan Fiske Stone
Harlan Fiske Stone
Harlan Fiske Stone was an American lawyer and jurist. A native of New Hampshire, he served as the dean of Columbia Law School, his alma mater, in the early 20th century. As a member of the Republican Party, he was appointed as the 52nd Attorney General of the United States before becoming an...

, Brandeis was considered to be in the liberal wing of the court—the so called Three Musketeers who stood against the conservative Four Horsemen
Four Horsemen (Supreme Court)
The "Four Horsemen" was the nickname given by the press to four conservative members of the United States Supreme Court during the 1932–1937 terms, who opposed the New Deal agenda of President Franklin Roosevelt. They were Justices Pierce Butler, James Clark McReynolds, George Sutherland,...

.

Louisville v. Radford (1935) - limiting presidential discretion


According to John Vile, in the final years of his career, like the rest of the Court, he "initially combated the New Deal
New Deal
The New Deal was a series of economic programs implemented in the United States between 1933 and 1936. They were passed by the U.S. Congress during the first term of President Franklin D. Roosevelt. The programs were Roosevelt's responses to the Great Depression, and focused on what historians call...

 of Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...

, which went against everything Brandeis had ever preached in opposition to the concepts of 'bigness' and 'centralization' in the federal government and the need to return to the states." In one case, Louisville v. Radford (1935), he spoke for a unanimous court when he declared the Frazier-Lemke Act unconstitutional. The act prevented mortgage-holding banks from foreclosing on their property for five years and forced struggling farmers to continue paying based on a court-ordered schedule. "The Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...

," he declared, "commands that however great the Nation's need, private property shall not be thus taken over without just compensation."

Schechter Brothers v. The United States (1935) - NIRA is unconstitutional


In Schechter Brothers v. The United States (1935), the Court also voted unanimously to declare the National Industrial Recovery Act
National Industrial Recovery Act
The National Industrial Recovery Act , officially known as the Act of June 16, 1933 The National Industrial Recovery Act (NIRA), officially known as the Act of June 16, 1933 The National Industrial Recovery Act (NIRA), officially known as the Act of June 16, 1933 (Ch. 90, 48 Stat. 195, formerly...

 (NIRA) unconstitutional on the grounds that it gave the president "unfettered discretion" to make whatever laws he thought were needed for economic recovery. Economics author John Steele Gordon writes that the National Recovery Administration
National Recovery Administration
The National Recovery Administration was the primary New Deal agency established by U.S. president Franklin D. Roosevelt in 1933. The goal was to eliminate "cut-throat competition" by bringing industry, labor and government together to create codes of "fair practices" and set prices...

 (NRA) was "the first iteration of Roosevelt's New Deal . . . essentially a government-run cartel to fix prices and divide markets. . . This was the most radical shift in the relation between government and the private economy in American history." Speaking to aides of Roosevelt, Justice Louis Brandeis remarked that, “This is the end of this business of centralization, and I want you to go back and tell the president that we're not going to let this government centralize everything."

Brandeis also opposed Roosevelt's court-packing scheme
Judiciary Reorganization Bill of 1937
The Judicial Procedures Reform Bill of 1937, frequently called the court-packing plan, was a legislative initiative proposed by U.S. President Franklin Roosevelt to add more justices to the U.S. Supreme Court. Roosevelt's purpose was to obtain favorable rulings regarding New Deal legislation that...

 of 1937, which proposed to add one additional justice to the Supreme Court for every sitting member who had reached the age of seventy without retiring. "This was," felt Brandeis and others on the Court, a "thinly veiled attempt to change the decisions of the Court by adding new members who were supporters of the New Deal," leading historian Nelson Dawson to conclude that "Brandeis . . . was not alone in thinking that Roosevelt's scheme threatened the integrity of the institution."

Erie Railroad Co. v. Tompkins (1938) - Federal versus state laws


His last important judicial opinion was also one of the most significant of his career, according to Klebanow and Jonas. In Erie Railroad Co. v. Tompkins
Erie Railroad Co. v. Tompkins
Erie Railroad Co. v. Tompkins, 304 U.S. 64 , was a decision by the Supreme Court of the United States in which the Court held that federal courts did not have the judicial power to create general federal common law when hearing state law claims under diversity jurisdiction...

 (1938), the Supreme Court addressed the issue of whether federal judges apply state law or federal "general law" where the parties to a lawsuit are from different states. Writing for the Court, Brandeis overruled the ninety-six-year-old doctrine of Swift v. Tyson
Swift v. Tyson
Swift v. Tyson, , was a case brought in diversity in the Circuit Court for the Southern District of New York on a bill of Exchange accepted in New York in which the Supreme Court of the United States determined that United States federal courts hearing cases brought under their diversity...

(1842), and held that there was no such thing as a "federal general common law" in cases involving diversity jurisdiction. This concept became known as the Erie Doctrine
Erie doctrine
In United States law, the Erie doctrine is a fundamental legal doctrine of civil procedure mandating that a federal court in diversity jurisdiction must apply state substantive law....

. Applying the Erie Doctrine, federal courts now must conduct a choice of law analysis, which generally requires that the courts apply the law of the state where the injury or transaction occurred. "This ruling," concluded Klebanow and Jonas, "fits in well with Brandeis's goals of strengthening the states and reversing the long-term trend toward centralization and bigness."

Zionist leader


Relatively late in life the secular Brandeis also became a prominent Zionist leader. He became active in the Federation of American Zionists in 1912, as a result of a conversation with Jacob de Haas
Jacob de Haas
Jacob de Haas was a British Hasidic Jew, a journalist and an early leader of the Zionist movement, who propagated the movement in the United States.-Biography:...

, according to some. His involvement provided the nascent American Zionist movement one of the most distinguished men in American life and a friend of the next president. Over the next several years he devoted a great deal of his time, energy, and money to spreading the Zionist word. With the outbreak of World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

 in Europe, the divided allegiance of its membership rendered the Zionist Organization
World Zionist Organization
The World Zionist Organization , or WZO, was founded as the Zionist Organization , or ZO, in 1897 at the First Zionist Congress, held from August 29 to August 31 in Basel, Switzerland...

 impotent. American Jewry then assumed a larger responsibility independent of the Zionist Executive in Europe. The Provisional Executive Committee for Zionist Affairs was established in New York
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

 for this purpose on August 20, 1914, and unexpectedly, Brandeis accepted when unanimously elected to head the organization. As president from 1914 to 1918, Brandeis became the leader of American Zionism. He embarked on a speaking tour in the fall and winter of 1914-1915 to garner support for the Zionist cause, emphasizing the goal of self-determination and freedom for Jews through the development of a Jewish homeland.

Unlike the majority of American Jews at the time, he felt that the re-creation of a Jewish national homeland was one of the key solutions to antisemitism and the "Jewish problem" in Europe and Russia, while at the same time a way to "revive the Jewish spirit." He explained his belief in the importance of Zionism in a famous speech he gave at a conference of Reform
Reform Judaism
Reform Judaism refers to various beliefs, practices and organizations associated with the Reform Jewish movement in North America, the United Kingdom and elsewhere. In general, it maintains that Judaism and Jewish traditions should be modernized and should be compatible with participation in the...

 Rabbis in April 1915:
The Zionists seek to establish this home in Palestine because they are convinced that the undying longing of Jews for Palestine is a fact of deepest significance; that it is a manifestation in the struggle for existence by an ancient people which has established its right to live, a people whose three thousand years of civilization has produced a faith, culture and individuality which enable it to contribute largely in the future, as it has in the past, to the advance of civilization; and that it is not a right merely but a duty of the Jewish nationality to survive and develop. They believe that only in Palestine can Jewish life be fully protected from the forces of disintegration; that there alone can the Jewish spirit reach its full and natural development; and that by securing for those Jews who wish to settle there the opportunity to do so, not only those Jews, but all other Jews will be benefited, and that the long perplexing Jewish Problem will, at last, find solution.


He also explained his belief that Zionism and patriotism were compatible concepts and should not lead to charges of "dual loyalty" which worried the rabbis and the dominant American Jewish Committee
American Jewish Committee
The American Jewish Committee was "founded in 1906 with the aim of rallying all sections of American Jewry to defend the rights of Jews all over the world...

:
Let no American imagine that Zionism is inconsistent with Patriotism. Multiple loyalties are objectionable only if they are inconsistent. A man is a better citizen of the United States for being also a loyal citizen of his state, and of his city; or for being loyal to his college.... Every American Jew who aids in advancing the Jewish settlement in Palestine, though he feels that neither he nor his descendants will ever live there, will likewise be a better man and a better American for doing so. There is no inconsistency between loyalty to America and loyalty to Jewry.


Early in the war, Jewish leaders determined that they needed to elect a special representative body to attend the peace conference as spokesman for the religious, national and political rights of the Jews in certain European countries, especially to guarantee that Jewish minorities were included wherever minority rights were recognized. Under the leadership of Brandeis, Stephen Wise and Julian Mack
Julian Mack
Julian William Mack was a United States federal judge and social reformer.-Early life and education:...

, the Jewish Congress Organization Committee was established in March 1915. The subsequent vehement debate about the idea of a "congress" stirred American Jewry and acquainted it with the Jewish problem. Brandeis’ efforts to bring in the American Jewish Committee and some other Jewish organizations were unsuccessful, but a year later, delegates representing over one million Jews came together in Philadelphia and formulated Jewish demands for submission to the Paris Peace Conference
Paris Peace Conference, 1919
The Paris Peace Conference was the meeting of the Allied victors following the end of World War I to set the peace terms for the defeated Central Powers following the armistices of 1918. It took place in Paris in 1919 and involved diplomats from more than 32 countries and nationalities...

 and elected a National Executive Committee with Brandeis as honorary chairman. On April 6, 1917, America entered the war. On June 10, 1917, 335,000 American Jews cast their votes and elected their delegates who, together with representatives of some 30 national organizations, established the American Jewish Congress
American Jewish Congress
The American Jewish Congress describes itself as an association of Jewish Americans organized to defend Jewish interests at home and abroad through public policy advocacy, using diplomacy, legislation, and the courts....

 on a democratically elected basis, but further efforts to organize awaited the end of the war.

Brandeis also brought his influence to bear on the Wilson administration in the negotiations leading up to the Balfour Declaration and the Paris Peace Conference.

In 1919 he broke on issues of structural organization and financial planning with Chaim Weizmann
Chaim Weizmann
Chaim Azriel Weizmann, , was a Zionist leader, President of the Zionist Organization, and the first President of the State of Israel. He was elected on 1 February 1949, and served until his death in 1952....

, the leader of European Zionism. Weizmann defeated Brandeis for power and in 1921 Brandeis resigned from the Zionist Organization of America, along with his closest associates Rabbi Stephen S. Wise, Judge Julian W. Mack and Felix Frankfurter
Felix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...

. He remained active in philanthropy
Philanthropy
Philanthropy etymologically means "the love of humanity"—love in the sense of caring for, nourishing, developing, or enhancing; humanity in the sense of "what it is to be human," or "human potential." In modern practical terms, it is "private initiatives for public good, focusing on quality of...

 directed at Jews in Palestine. In the late 1930s he endorsed immigration to Palestine in an effort to help European Jews escape genocide when Britain denied entry to more Jews.

Death and legacy


Brandeis retired from the Supreme Court in February 1939, and he died on October 5, 1941, following a heart attack.

The remains of both Justice Brandeis and his wife are interred beneath the portico of the Law School of the University of Louisville
University of Louisville
The University of Louisville is a public university in Louisville, Kentucky. When founded in 1798, it was the first city-owned public university in the United States and one of the first universities chartered west of the Allegheny Mountains. The university is mandated by the Kentucky General...

, in Louisville, Kentucky. Brandeis himself made the arrangements that made the law school one of only thirteen Supreme Court repositories in the U.S. His professional papers are archived at the library there.

Brandeis lived to see many of the ideas that he had championed become the law of the land. Wages and hours legislation were now accepted as constitutional, and the right of labor to organize was protected by law. His spirited, eloquent defense of free speech and the right of privacy have had a continuing, powerful influence upon the Supreme Court and, ultimately, upon the life of the entire nation. The Economist magazine calls him "A Robin Hood
Robin Hood
Robin Hood was a heroic outlaw in English folklore. A highly skilled archer and swordsman, he is known for "robbing from the rich and giving to the poor", assisted by a group of fellow outlaws known as his "Merry Men". Traditionally, Robin Hood and his men are depicted wearing Lincoln green clothes....

 of the law," and former Secretary of State Dean Acheson
Dean Acheson
Dean Gooderham Acheson was an American statesman and lawyer. As United States Secretary of State in the administration of President Harry S. Truman from 1949 to 1953, he played a central role in defining American foreign policy during the Cold War...

, his early law clerk, was "impressed by a man whose personal code called for . . . the zealous molding of the lives of the underprivileged so that paupers might achieve moral growth."

Wayne McIntosh writes of him, "In our national juristic temple, some figures have been accorded near-Olympian reverence. . . a part of that legal pantheon is Louis D. Brandeis – all the more so, perhaps because Brandeis was far more than a great justice. He was also a social reformer, legal innovator, labor champion, and Zionist leader. . . And it was as a judge that his concepts of privacy and free speech ultimately, if posthumously, resulted in virtual legal sea changes that continue to resonate even today.” Former Justice William O. Douglas wrote, “he helped America grow to greatness by the dedications of which he made his life."

The U.S. Postal Service in September, 2009 honored Brandeis by featuring his image on a new set of commemorative stamps along with U.S. Supreme Court associate justices Joseph Story
Joseph Story
Joseph Story was an American lawyer and jurist who served on the Supreme Court of the United States from 1811 to 1845. He is most remembered today for his opinions in Martin v. Hunter's Lessee and The Amistad, along with his magisterial Commentaries on the Constitution of the United States, first...

, Felix Frankfurter
Felix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...

 and William J. Brennan Jr. In the Postal Service announcement about the stamp, he was credited with being "the associate justice most responsible for helping the Supreme Court shape the tools it needed to interpret the Constitution in light of the sociological and economic conditions of the 20th century." The Postal Service honored him with a stamp image in part because, their announcement states, he was "a progressive and champion of reform, [and] Brandeis devoted his life to social justice. He defended the right of every citizen to speak freely, and his groundbreaking conception of the right to privacy continues to impact legal thought today."

Namesake institutions

  • Brandeis University
    Brandeis University
    Brandeis University is an American private research university with a liberal arts focus. It is located in the southwestern corner of Waltham, Massachusetts, nine miles west of Boston. The University has an enrollment of approximately 3,200 undergraduate and 2,100 graduate students. In 2011, it...

    , in Waltham, Massachusetts
    Waltham, Massachusetts
    Waltham is a city in Middlesex County, Massachusetts, United States, was an early center for the labor movement, and major contributor to the American Industrial Revolution. The original home of the Boston Manufacturing Company, the city was a prototype for 19th century industrial city planning,...

    . Several awards given at the school are named in his honor. A collection of his personal papers is available at the Robert D. Farber University Archives & Special Collections Department at Brandeis University.
  • The University of Louisville
    University of Louisville
    The University of Louisville is a public university in Louisville, Kentucky. When founded in 1798, it was the first city-owned public university in the United States and one of the first universities chartered west of the Allegheny Mountains. The university is mandated by the Kentucky General...

    's Louis D. Brandeis School of Law
    Louis D. Brandeis School of Law
    The Louis D. Brandeis School of Law is the law school of the University of Louisville. Established in 1846, it is the oldest law school in Kentucky and the fifth oldest in the country in continuous operation. The law school is named after Justice Louis Dembitz Brandeis, who served on the Supreme...

    . The school's principal law review
    Law review
    A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association...

     publication was named the Brandeis Law Journal until it was renamed in 2007. The law school's Louis D. Brandeis Society awards the Brandeis Medal
    Brandeis Medal
    The Brandeis Medal is awarded to individuals whose lives reflect United States Supreme Court Justice Louis Brandeis' commitment to the ideals of individual liberty, concern for the disadvantaged and public service....

    .
  • The Brandeis Law Journal, one of the country’s few undergraduate law publications, launched in 2009.
  • Kibbutz
    Kibbutz
    A kibbutz is a collective community in Israel that was traditionally based on agriculture. Today, farming has been partly supplanted by other economic branches, including industrial plants and high-tech enterprises. Kibbutzim began as utopian communities, a combination of socialism and Zionism...

     Ein Hashofet
    Ein Hashofet
    Ein HaShofet is a kibbutz in northern Israel in the Hills of Ephraim. Located in the Ramat Menashe region around 30 km from the city of Haifa, close to Yokneam, it falls under the jurisdiction of Megiddo Regional Council. In 2008 it had a population of 759....

     (Hebrew: עין השופט) in Israel
    Israel
    The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

    , founded 1937. "Ein Hashofet" means "Spring of the Judge", a name chosen to honor Brandeis' Zionism.
  • Kfar Brandeis
    Kfar Brandeis
    Kfar Brandeis is a suburb of the Israeli city of Hadera.Kfar Brandeis was founded in 1927, named after Louis Brandeis, an American supreme court judge and the founder of "The Economic Company for the Land of Israel". The company purchased land South of Hadera from a Bedouin clan in order to settle...

     (lit: Brandeis village) is a suburb of the Israeli city of Hadera
    Hadera
    Hadera is a city located in the Haifa District of Israel approximately from the major cities of Tel Aviv and Haifa. The city is located along of the Israeli Mediterranean Coastal Plain...

    .
  • One of the buildings of Hillman Housing Corporation, a housing cooperative
    Housing cooperative
    A housing cooperative is a legal entity—usually a corporation—that owns real estate, consisting of one or more residential buildings. Each shareholder in the legal entity is granted the right to occupy one housing unit, sometimes subject to an occupancy agreement, which is similar to a lease. ...

     founded by the Amalgamated Clothing Workers of America
    Amalgamated Clothing Workers of America
    The Amalgamated Clothing Workers of America was a United States labor union known for its support for "social unionism" and progressive political causes. Led by Sidney Hillman for its first thirty years, it helped found the Congress of Industrial Organizations...

    , in the Lower East Side
    Lower East Side
    The Lower East Side, LES, is a neighborhood in the southeastern part of the New York City borough of Manhattan. It is roughly bounded by Allen Street, East Houston Street, Essex Street, Canal Street, Eldridge Street, East Broadway, and Grand Street....

     of Manhattan.
  • The Brandeis School, a private Jewish day-school in Lawrence, New York
    Lawrence, Nassau County, New York
    Lawrence is a village in Nassau County, New York in the USA. As of the United States 2010 Census, the village population was 6,483.The Village of Lawrence is in the southwest corner of the Town of Hempstead, adjoining the border with the New York City borough of Queens to the west and near the...

    .
  • Brandeis Hillel Day School, a K-8 independent Jewish school with campuses in San Francisco, CA and San Rafael, CA), named for Brandeis and Rabbi Hillel
    Hillel the Elder
    Hillel was a famous Jewish religious leader, one of the most important figures in Jewish history. He is associated with the development of the Mishnah and the Talmud...

    .
  • The Brandeis-Bardin Institute
    Brandeis-Bardin Institute
    The Brandeis-Bardin Campus of American Jewish University is a Jewish retreat located in Simi Valley, California, USA. Formerly known as the Brandeis-Bardin Institute, it is used for nondenominational summer programs for children, teens and young adults....

    , in Simi Valley
    Simi Valley
    Simi Valley is a synclinal valley in Southern California in the United States. It is an enclosed or hidden valley surrounded by mountains and hills. It is connected to the San Fernando Valley to the east by the Santa Susana Pass & 118 freeway, and in the west the narrows of the Arroyo Simi and 118...

    , near Los Angeles
    Los Ángeles
    Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...

    , a Jewish educational outreach resource.
  • The New York City Public Schools Louis D. Brandeis High School, named for the justice and dissolved in 2009, though the building, which houses several smaller educational units, is still called the Brandeis Building.
  • Louis D. Brandeis High School
    Louis D. Brandeis High School
    Brandeis High School is a 5A high school located in San Antonio, Texas . It is part of the Northside Independent School District located in north central Bexar County...

    , in San Antonio, Texas
    San Antonio, Texas
    San Antonio is the seventh-largest city in the United States of America and the second-largest city within the state of Texas, with a population of 1.33 million. Located in the American Southwest and the south–central part of Texas, the city serves as the seat of Bexar County. In 2011,...

    , where the Northside Independent School District
    Northside Independent School District
    Northside Independent School District is a school district headquartered in Leon Valley, Texas. It is the largest school district in the San Antonio area and the fourth largest in the State of Texas...

     names all of its comprehensive high schools for Supreme Court Justices
  • Brandeis Elementary School in his hometown of Louisville, Kentucky
    Louisville, Kentucky
    Louisville is the largest city in the U.S. state of Kentucky, and the county seat of Jefferson County. Since 2003, the city's borders have been coterminous with those of the county because of a city-county merger. The city's population at the 2010 census was 741,096...

    .
  • Louis D. Brandeis AZA #932, a B'nai Brith Youth Organization Chapter in Dallas.
  • Brandeis AZA #1519, a B'nai Brith Youth Organization Chapter in Rockville, Maryland
    Rockville, Maryland
    Rockville is the county seat of Montgomery County, Maryland, United States. It is a major incorporated city in the central part of Montgomery County and forms part of the Baltimore-Washington Metropolitan Area. The 2010 U.S...

    .
  • Brandeis AZA #1999, a B'nai Brith Youth Organization Chapter in Minneapolis, Minnesota
    Minneapolis, Minnesota
    Minneapolis , nicknamed "City of Lakes" and the "Mill City," is the county seat of Hennepin County, the largest city in the U.S. state of Minnesota, and the 48th largest in the United States...


Selected opinions



See also





Selected works by Brandeis

  • The Brandeis Guide to the Modern World, Alfred Lief, editor (Boston: Little, Brown & Co., 1941)
  • Brandeis on Zionism, Solomon Goldman, editor (Washington, D.C.: Zionist Organization of America, 1942)
  • Business, a Profession, Ernest Poole, editor (Boston, MA: Small, Maynard, 1914)
  • The Curse of Bigness, Osmond K. Fraenkel, editor (New York, NY: Viking Press
    Viking Press
    Viking Press is an American publishing company owned by the Penguin Group, which has owned the company since 1975. It was founded in New York City on March 1, 1925, by Harold K. Guinzburg and George S. Oppenheim...

    , 1934)
  • The Words of Justice Brandeis, Solomon Goldman, editor (New York, N.Y.: Henry Schuman, 1953)
  • Other People's Money and How the Bankers Use It
    Other People's Money and How the Bankers Use It
    Other People's Money And How the Bankers Use It is a collection of essays written by Louis Brandeis first published as a book in 1914, and reissued in 1933.-Contents:...

    (New York, NY: Stokes, 1914)
  • Melvin I. Urofsky & David W. Levy, editors, Half Brother, Half Son: The Letters of Louis D. Brandeis to Felix Frankfurter (University of Oklahoma Press, 1991)
  • Melvin I. Urofsky, editor, Letters of Louis D. Brandeis (State University of New York Press, 1980)
  • Melvin I. Urofsky & David W. Levy, editors, Letters of Louis D. Brandeis (State University of New York Press, 1971–1978, 5 vols.)
  • Melvin I. Urofsky & David W. Levy, editors, The Family Letters of Louis D. Brandeis (University of Oklahoma Press, 2002)
  • Louis Brandeis & Samuel Warren http://www.lawrence.edu/fast/boardmaw/Privacy_brand_warr2.html"The Right to Privacy," 4 Harvard Law Review
    Harvard Law Review
    The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School.-Overview:According to the 2008 Journal Citation Reports, the Review is the most cited law review and has the second-highest impact factor in the category "law" after the...

     193-220 (1890–91)]

Books about Brandeis



  • Jack Grennan, Brandeis & Frankfurter: A Dual Biography (N.Y.: Harper & Row, 1984)
  • Gerald Berk, Louis Brandeis and the Making of Regulated Competition, 1900-1932 (Cambridge University Press, 2009)
  • Alexander M. Bickel, The Unpublished Opinions of Mr. Justice Brandeis (Harvard University Press, 1957)
  • Robert A. Burt, Two Jewish Justices: Outcasts in the Promised Land (Berkeley, CA: University of California Press, 1988)
  • Nelson L. Dawson, editor, Brandeis and America (Lexington, KY: University Press of Kentucky
    University Press of Kentucky
    The University Press of Kentucky is the scholarly publisher for the Commonwealth of Kentucky, and was organized in 1969 as successor to the University of Kentucky Press. The university had sponsored scholarly publication since 1943. In 1949 the press was established as a separate academic agency...

    , 1989)
  • Jacob DeHaas, Louis D. Brandeis, A Biographical Sketch (Blach, 1929)
  • Felix Frankfurter, editor, Mr. Justice Brandeis (New Haven, CT: Yale University Press
    Yale University Press
    Yale University Press is a book publisher founded in 1908 by George Parmly Day. It became an official department of Yale University in 1961, but remains financially and operationally autonomous....

    , 1932)
  • Ben Halpern, A Clash of Heroes: Brandeis, Weizman, and American Zionism (New York, N. Y.: Oxford University Press, 1986)
  • Samuel J. Konefsky, The Legacy of Holmes & Brandeis: A Study in the Influence of Ideas (N.Y.: Macmillan 1956)
  • Alfred Lief, editor, The Social & Economic Views of Mr. Justice Brandeis (New York, N.Y.: The Vanguard Press, 1930)
  • Jacob Rader Marcus, Louis Brandeis (Twayne Publishing, 1997)
  • Alpheus Thomas Mason, Brandeis: A Free Man's Life (N.Y.: The Viking Press, 1946)
  • Alpheus Thomas Mason, Brandeis & The Modern State (Princeton University Press, 1933)
  • Thomas McCraw, Prophets of Regulation: Charles Francis Adams, Louis D. Brandeis, James M. Landis, Alfred E. Kahn (Cambridge, MA: Harvard University Press, 1984)
  • Ray M. Mersky, Louis Dembitz Brandeis 1856-1941: Bibliography (Fred B Rothman & Co; reprint ed., 1958)
  • Bruce Allen Murphy
    Bruce Allen Murphy
    Bruce Allen Murphy, Ph.D., is a judicial biographer and scholar of American Constitutional law and politics. He is the Fred Morgan Kirby Professor of Civil Rights at Lafayette College in Easton, Pennsylvania, a position he has held since 1998...

    , The Brandeis/Frankfurter Connection: The Secret Activities of Two Supreme Court Justices (N.Y.: Oxford University Press, 1982)
  • Lewis J. Paper, Brandeis: An Intimate Biography of one of America's Truly Great Supreme Court Justices (Englewood Cliffs, N.J.: Prentice-Hall, 1983)
  • Catherine Owens Peare, The Louis D. Brandeis Story (Ty Crowell Co., 1970)
  • Edward A. Purcell, Jr., Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-Century America (New Haven: Yale University Press, 2000)
  • Philippa Strum, Brandeis: Beyond Progressivism (Lawrence, KS: University Press of Kansas, 1993)
  • Philippa Strum, editor, Brandeis on Democracy (Lawrence, KS: University Press of Kansas
    University Press of Kansas
    The University Press of Kansas is a publisher that represents the six state universities in the US state of Kansas — Emporia State University, Fort Hays State University, Kansas State University, Pittsburg State University, the University of Kansas, and Wichita State University...

    , 1995)
  • Philippa Strum, Louis D. Brandeis: Justice for the People (Cambridge, Mass.: Harvard University Press, 1988)
  • A.L. Todd, Justice on Trial: The Case of Louis D. Brandeis (New York, N.Y: McGraw-Hill, 1964)
  • Melvin I. Urofsky, A Mind of One Piece: Brandeis and American Reform (New York, N.Y., Scribner
    Charles Scribner's Sons
    Charles Scribner's Sons, or simply Scribner, is an American publisher based in New York City, known for publishing a number of American authors including Ernest Hemingway, F. Scott Fitzgerald, Kurt Vonnegut, Stephen King, Robert A. Heinlein, Thomas Wolfe, George Santayana, John Clellon...

    , 1971)
  • Melvin I. Urofsky, Louis D. Brandeis, American Zionist (Jewish Historical Society of Greater Washington, 1992) (monograph)
  • Melvin I. Urofsky, Louis D. Brandeis & the Progressive Tradition (Boston, MA: Little, Brown & Co., 1981)
  • Melvin I. Urofsky, Louis D. Brandeis: A Life (Pantheon, 2009)
  • Nancy Woloch, Muller v. Oregon: A Brief History with Documents (Boston, MA: Bedford Books, 1996)

Shorter Mention







External links