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Brandeis, Louis D.
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As an associate justice of the U.S. Supreme Court, Louis Dembitz Brandeis (1856-1941) tried to reconcile the developing powers of modern government and society with the maintenance of individual liberties and opportunities for personal development.
As the United States entered the 20th century, many men became concerned with trying to equip government so as to deal with the excesses and inequities fostered by the industrial development of the 19th century. States passed laws trying to regulate utility rates and insurance manipulations and established minimum-wage and maximum-hour laws. Louis Brandeis was one of the most important Americans involved in this effort, first as a publicly minded lawyer and, after 1916, as a member of the U.S. Supreme Court. In 1879 Brandeis began a partnership with his classmate Samuel D. Warren. Together they wrote one of the most famous law articles in history, The Right to Privacy, published in the December 1890 Harvard Law Review. In it Brandeis enunciated the view he later echoed in the Supreme Court case of Olmstead v. United States (1928), in which he argued that the makers of the Constitution, as evidence of their effort to protect Americans in their beliefs, their thoughts, their emotions and their sensations ... conferred, as against the Government, the right to be let alone--the most comprehensive of rights and the right most valued by civilized men. During this stage of his career, Brandeis spent much time helping the Harvard Law School. Though he declined an offer to become an assistant professor, in 1886 he helped found the Harvard Law School Association, an alumni group, and served for many years as its secretary. By 1890 Brandeis had developed a lucrative practice and was able to serve, without pay, in various public causes. When a fight arose, for example, over preservation of the Boston subway system, he helped save it; similarly, he helped lead the opposition to the New Haven Railroad's monopoly of transportation in New England. The Massachusetts State Legislature's adoption of a savings-bank life insurance system was the result of his investigation of the inequities of existing insurance programs. Brandeis also took part in the effort to bring legal protections to industrial laborers, and as part of this effort he contributed a major concept to Supreme Court litigation. In 1908, defending an Oregon law establishing wages and hours for women laborers, Brandeis introduced what came to be known as the Brandeis brief, which went far beyond legal precedent to consider the various economic and social factors which led the legislature to pass the law. Many lawyers followed the Brandeis brief and presented relevant scientific evidence and expert opinion dealing with the great social problems of the day mirrored in judicial litigation. President Woodrow Wilson offered Brandeis a position in his Cabinet in 1913, but the Boston lawyer preferred to remain simply a counselor to the President. Brandeis continued his investigations of the implications for democracy of the growing concentration of wealth in large corporations. In 1914 he published Other People's Money, and How the Bankers Use It, in which he set down his antimonopoly views. Wilson's nomination of Brandeis to the Supreme Court on Jan. 28, 1916, aroused a dirty political fight. Six former presidents of the American Bar Association and former president of the United States William Howard Taft denounced Brandeis for his allegedly radical political views. Some anti-Semitism was involved, for Brandeis was the first Jew ever nominated for America's highest court. Finally, however, the fight was won in the Senate, and Brandeis took his seat on June 5, 1916, where he served with distinction until Feb. 13, 1939. Brandeis often joined his colleague Oliver Wendell Holmes, Jr. in dissenting against the Court's willingness to pose its judgments about economic and social policy against those of individual states. Also with Holmes, Brandeis bravely defended civil liberties throughout this era. If he did uphold wide use of state powers, it was only in the service of furthering individual self-fulfillment; he also rejected incursions of a state upon a citizen's liberty. Two examples are the Olmstead case (already noted), involving wiretapping, and Whitney v. California, in which Brandeis opposed a California law suppressing free speech.
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As an associate justice of the U.S. Supreme Court, Louis Dembitz Brandeis (1856-1941) tried to reconcile the developing powers of modern government and society with the maintenance of individual liberties and opportunities for personal development.
As the United States entered the 20th century, many men became concerned with trying to equip government so as to deal with the excesses and inequities fostered by the industrial development of the 19th century. States passed laws trying to regulate utility rates and insurance manipulations and established minimum-wage and maximum-hour laws. Louis Brandeis was one of the most important Americans involved in this effort, first as a publicly minded lawyer and, after 1916, as a member of the U.S. Supreme Court. In 1879 Brandeis began a partnership with his classmate Samuel D. Warren. Together they wrote one of the most famous law articles in history, The Right to Privacy, published in the December 1890 Harvard Law Review. In it Brandeis enunciated the view he later echoed in the Supreme Court case of Olmstead v. United States (1928), in which he argued that the makers of the Constitution, as evidence of their effort to protect Americans in their beliefs, their thoughts, their emotions and their sensations ... conferred, as against the Government, the right to be let alone--the most comprehensive of rights and the right most valued by civilized men. During this stage of his career, Brandeis spent much time helping the Harvard Law School. Though he declined an offer to become an assistant professor, in 1886 he helped found the Harvard Law School Association, an alumni group, and served for many years as its secretary. By 1890 Brandeis had developed a lucrative practice and was able to serve, without pay, in various public causes. When a fight arose, for example, over preservation of the Boston subway system, he helped save it; similarly, he helped lead the opposition to the New Haven Railroad's monopoly of transportation in New England. The Massachusetts State Legislature's adoption of a savings-bank life insurance system was the result of his investigation of the inequities of existing insurance programs. Brandeis also took part in the effort to bring legal protections to industrial laborers, and as part of this effort he contributed a major concept to Supreme Court litigation. In 1908, defending an Oregon law establishing wages and hours for women laborers, Brandeis introduced what came to be known as the Brandeis brief, which went far beyond legal precedent to consider the various economic and social factors which led the legislature to pass the law. Many lawyers followed the Brandeis brief and presented relevant scientific evidence and expert opinion dealing with the great social problems of the day mirrored in judicial litigation. President Woodrow Wilson offered Brandeis a position in his Cabinet in 1913, but the Boston lawyer preferred to remain simply a counselor to the President. Brandeis continued his investigations of the implications for democracy of the growing concentration of wealth in large corporations. In 1914 he published Other People's Money, and How the Bankers Use It, in which he set down his antimonopoly views. Wilson's nomination of Brandeis to the Supreme Court on Jan. 28, 1916, aroused a dirty political fight. Six former presidents of the American Bar Association and former president of the United States William Howard Taft denounced Brandeis for his allegedly radical political views. Some anti-Semitism was involved, for Brandeis was the first Jew ever nominated for America's highest court. Finally, however, the fight was won in the Senate, and Brandeis took his seat on June 5, 1916, where he served with distinction until Feb. 13, 1939. Brandeis often joined his colleague Oliver Wendell Holmes, Jr. in dissenting against the Court's willingness to pose its judgments about economic and social policy against those of individual states. Also with Holmes, Brandeis bravely defended civil liberties throughout this era. If he did uphold wide use of state powers, it was only in the service of furthering individual self-fulfillment; he also rejected incursions of a state upon a citizen's liberty. Two examples are the Olmstead case (already noted), involving wiretapping, and Whitney v. California, in which Brandeis opposed a California law suppressing free speech. |
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Full Name |
Brandeis, Louis D. | ||
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| Birth Year | 1856 | ||
| University/Affiliation | U.S. Supreme Court | ||
| Title | Former Associate Justice | ||
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| PathFinder Subjects | |||
| Legal Profession (3) Water Law (3) Business and the Law (2) Children (2) Contracts (2) Education Law (2) Estates and Trusts (2) Human Rights Law (2) Legal Education (2) Parents and Children (2) | |||
The multidisciplinary content found throughout HeinOnline is organized into a subject hierarchy that we call PathFinder. Powered by a combination of human curation and artificial intelligence, PathFinder assigns subjects to documents, and then organizes them into broader subjects. View the PathFinder Subjects most frequently assigned to this author's article here.
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Cited by Articles (0-5 Years) |
717 | ||
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This metric counts the number of times this author has been cited by other articles in HeinOnline within the past five years only. Citation sources include the Bluebook, Prince's Bieber Dictionary of Legal Abbreviations, and the Cardiff Index to Legal Abbreviations.
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Cited by Articles (5+ Years)
(By Year) |
4,968 | ||
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This metric counts the number of times this author has been cited by other articles in HeinOnline beyond the past five years only. Citation sources include the Bluebook, Prince's Bieber Dictionary of Legal Abbreviations, and the Cardiff Index to Legal Abbreviations.
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Cited by Cases (0-5 Years)
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40 | ||
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This metric counts the number of times this author has been cited by cases available in HeinOnline or via Fastcase within the past five years only.
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Cited by Cases (5+ Years)
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405 | ||
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This metric counts the number of times this author has been cited by cases available in HeinOnline or via Fastcase beyond the past five years only.
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Accessed (Past 12 Months) |
840 | ||
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This metric counts the cumulative number of times an author's articles have been accessed by HeinOnline users within a rolling 12 month period. In order for an author's article to count as accessed, the article must be clicked from either search results or by browsing to the article, or retrieved using the citation navigator.
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| ScholarRank | 42 | ||
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ScholarRank is an overall ranking based on the calculation of five HeinOnline ScholarCheck metrics. The Z-score for each of the five metrics is taken and then averaged; the final average is entered into standard competition ranking to produce the overall ScholarRank for each author. Further information on HeinOnline's ScholarRank may be found in our Knowledge Base.
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Average Citations per Article |
631.67 | ||
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This metric counts the cumulative number of times this author has been cited by other articles, then divides this number by this author's total number of articles written, to calculate the average number of citations per article.
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Average Citations per Document |
406.07 | ||
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This metric counts the cumulative number of times this author has been cited by other articles, then divides this number by this author's total number of documents written, to calculate the average number of citations per document.
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H-Index |
6.00 | ||
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The h-index is an author-level metric that attempts to measure both the productivity and citation impact of the publications of an author. The index is based on the set of the author's most cited papers and the number of citations that they have received in other publications. Further information on an h-index can be found here.
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