Louis D. Brandeis and the Formation of a Positive Professional Identity
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Louis D. Brandeis and the Formation of a Positive Professional
Identity'
R. Lisle Baker2 & Peter Scott Campbell3
1. INTRODUCTION
We are fortunate to live in a country where political liberty and economic
opportunity are both possible, though many injustices remain. But we sometimes
forget that it is the rule of law that provides the essential foundation for a free
society. Our laws, however, are not self-executing. Without lawyers, the courts
and the administrative agencies before they practice, contracts would not be
binding, harms could be inflicted without remedy, and officials who would abuse
their power would be unchecked. But we need more than competent representa-
tion from our attorneys-we need them to have a positive professional identity
that enables them to serve both their clients and the public interest with distinc-
tion.
Our communities are fraying. Those binding institutions on which we used
to rely to knit our communities together, such as local media, nonprofit organi-
zations, and religious congregations, are shrinking or even disappearing.4 To
respond, we need to find ways to build new frameworks and ways to help us
preserve and protect the public health and welfare. Like the piers and girders in
1. Copyright 2023 by R. Lisle Baker and Peter Scott Campbell. The authors wish to acknowledge the
research assistance of Jessica vandervort, Suffolk U. Law School '24, as well as the helpful comments of re-
viewers Professor Laura Rothstein and visiting Professor Marcia Ziegler of the Brandeis School of Law, Uni-
versity of Louisville, Louisville, KY; Louisville attorney, David Brandeis Tachau; former partners in the Boston
law firm of Nutter, McLennan & Fish, which grew out of Brandeis & Warren, attorneys Robert Fishman, and
Michael Bohnen, the latter of who graciously shared his own collection of Brandeis-related writings; Brandeis
biographer, Melvin Urofsky; and Christina Lee Brown, whose interest in the Brandeis legacy helped spark the
idea for this article. Any errors, however, are the authors' responsibility.
2. Professor of Law, Suffolk University Law School, Boston, MA, and visiting Researcher, Brandeis
School of Law, 2021-23; lbaker@suffolk.edu, 617-573-8186; A.B. Williams College, 1964; LL.B. Harvard Law
School, 1968; Master of Applied Positive Psychology, University of Pennsylvania, 2016.
3. Technical Services Librarian and informal custodian of the Louis D. Brandeis papers at the Brandeis
School of Law, and author from time to time of articles about Brandeis and Kentuckian John Marshall Harlan,
https://brandeiswatch.wordpress.com/.
4. See, e.g., Erin Karter, As Newspapers Close, Struggling Communities Are Hit Hardest by the Decline
in Local Journalism, NW. Now (June 29, 2022), https://news.northwestem.edu/stories/2022/06/newspapers-clos-
e-decline-in-local-journalism [https://perma.cc/VB73-7473] (examining decline in local media sources and effect
on grassroots democracy); Drew Lindsay, 'Collapse' in Small Gifts Poses Threat for Nonprofits as Recession
Looms, Report Says, CHRON. PHILANTHROPY (Oct. 17, 2022), https://www.philanthropy.com/article/collapse-in-
small-gifts-poses-threat-for-nonprofits-as-recession-looms-report-says [https://perma.cc/H5XC-WDF9] (noting
decade-long trend of decreased support for charitable organizations).](ViewImageLocal?handle=hein.journals/sufflr56&div=15&collection=&method=preview&ext=.png&size=3)
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Louis D. Brandeis and the Formation of a Positive Professional Identity
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