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Brandeis, Louis Dembitz

Brandeis, Louis Dembitz

WORKS BY BRANDEIS

SUPPLEMENTARY BIBLIOGRAPHY

Louis Dembitz Brandeis (1856–1941) was born in Louisville, Kentucky. His parents had migrated in 1848 from Bohemia to the United States, where his father became a prosperous grain merchant. Neither of his parents had participated in the European revolutions of 1848, but they had suffered from the severity with which the revolutions were crushed. Finding in America the freedom Europe had denied them, Brandeis’ parents passed on their liberal views to their son.

Brandeis’ family had no formal religious affiliation and no racial–cultural interests, such as knowledge of Hebrew and the Talmud, and his friends were both Jew and gentile; nevertheless, in 1912 he became a Zionist. During his years on the United States Supreme Court (1916–1939), all his extrajudicial activities and interests were curtailed, but his belief in Zionism never faltered, and in the years immediately preceding his death, Zionism again became a matter of absorbing interest to him.

His mother and his uncle, Lewis Dembitz, a Kentucky lawyer and scholar of uncompromising integrity, were influential in shaping his moral and intellectual standards. In 1891 Brandeis married Alice Goldmark of New York, who encouraged his public welfare crusades. Brandeis credited his wife with reinforcing his determination to carry on when critics bitterly assailed him as a radical who waged war on cherished economic institutions.

Brandeis was educated at private and public schools in Louisville, at the Annen Realschule in Dresden, Germany, in 1874 and 1875, and at the Harvard Law School, from which he received his LL.B. degree in 1877. He was admitted to the St. Louis bar in 1878. After a few months there he returned to Boston, practicing first with his friend and Harvard Law School classmate, Samuel Dennis Warren, and later as partner in the firm Brandeis, Dunbar, and Nutter.

Brandeis began his professional and public career just as the free enterprise system was beginning to crystallize into a structure of corporate and supercorporate monopolies. As a corporation lawyer, Brandeis drew his clients primarily from the ranks of big business. He became a millionaire by 1907 and a multimillionaire by 1915. For a while he was welcome in high financial and professional circles, as well as among “Proper Bostonians.” Early in his professional career, charitable and other good causes engaged his attention and imagination, as was conventional among Boston’s financial and social elite. What distinguished Brandeis’ reformism from that of other public-spirited citizens was his invariable habit of coupling disclosures of evil with specific proposals for their remedy.

His inventive genius is reflected in the so-called sliding-scale utility rate, the savings bank life insurance plan, and the preferential union shop. The sliding scale, adopted in Boston, permitted profit sharing between the utility company and the consumer and provided a bilateral bonus for efficiency. As the dividend to stockholders rose, the selling price of gas to the consumer fell. Savings bank life insurance, available in Massachusetts, New York, and Connecticut, provides an alternative to high-priced commercial insurance to those with low incomes. The preferential union shop was prescribed by Brandeis in 1910 for the New York garment industry as a more palatable substitute for the open shop, which had been making it difficult for the garment union to grow.

Public attention was first drawn to Brandeis in 1897, when he appeared before the Massachusetts legislature to urge that the Boston Elevated Rail-road Company be curbed in its drive for monopoly and privilege. Other campaigns of the same kind brought him prominence both in the state and nationally. Undertaken without fee, these activities soon won for him the title, “people’s attorney.” Driving him on was the conviction that bigness and monopoly are inimical to efficiency, true laissez-faire, and democracy.

Brandeis saw the rise of the masses, organized in trade unions and other social groups, as the natural outcome of a changed and changing social order. Power was moving from the few to the many. It was not informed statesmanship to try to freeze privilege or to thwart change indiscriminately; neither was it desirable or safe to stand aloof from the struggle. The reformer’s role was to guide the forces of social experimentation and thus to direct change along the lines of evolution rather than of revolution.

This approach is exhibited in Brandeis’ argument in support of hours-of-labor and minimum-wage legislation. In 1908, after the Supreme Court had denied the possibility of establishing a factual relationship between poor health and long hours of employment in a bakery, he prepared, with the help of his sister-in-law, Josephine Goldmark, of the National Consumers’ League, the famous “Brandeis brief” (Brandeis 1908). Only a few pages were devoted to the law; much factual data, foreign and domestic, was amassed to demonstrate that the Oregon legislature, when it enacted an hours-of-labor law for women, could reasonably have believed that a relationship existed between long hours and the health of the workers. In recent years this kind of brief has become the lawyer’s stock in trade. Though factual exploration was characteristic of all Brandeis’ public welfare activities, he recognized that facts alone furnish no panaceas. They are primarily helpful—indeed indispensable—in sharpening the questions to be asked and in choosing the methods to be followed in fashioning a cure.

In 1912 Brandeis became a sort of one-man brain trust for Woodrow Wilson in the New Jersey governor’s successful bid for the presidency. Wilson seriously considered Brandeis for a cabinet post, but the public image of him as a radical made the choice seem politically ill-advised. In January 1916, President Wilson appointed Brandeis associate justice of the Supreme Court, stimulating the fiercest protest ever lodged against a nominee for the high bench. After five months of debate the Senate confirmed the appointment by a vote of 47 to 22.

Brandeis brought to his judicial task a precise technical knowledge of constitutional issues, and an informed political outlook based on long study and experience in practical affairs. Except when basic freedoms were involved, he took a latitudinarian view of the power to govern. At a time when the constitution had become for reactionary judges an instrument for preserving the status quo, it was for him, as for Woodrow Wilson, a “vehicle of the nation’s life” (Wilson [1908] 1917, p. 158).

There must be power in the States and the Nation to remold, through experimentation, our economic practices and institutions to meet changing social and economic needs. … To stay experimentation in things social and economic is a grave responsibility.… This Court has the power to prevent an experiment. We may strike down the statute which embodies it on the ground that, in our opinion, the measure is arbitrary, capricious or unreasonable. … But in the exercise of this high power, we must be ever on our guard, lest we erect our prejudices into legal principles. If we would guide by the light of reason, we must let our minds be bold. (New State Ice Company v. Liebmann, 285 U.S. 262, 1932, p. 311)

Few men live to see their ideas become realities, their views accepted, their philosophy enacted and upheld as the law of the land. That reward did come to Brandeis. By the time of his death, the scope of government action had been enlarged as judicially created barriers against the government’s power to regulate the economy were erased. However, in another respect the government’s power had been limited: Brandeis had joined Oliver Wendell Holmes, Benjamin Cardozo, Harlan F. Stone, and Charles Evans Hughes in laying the foundation for the assertion of judicial responsibility for a “fundamental principle of the American Government,’ the protection of freedom of speech, press, and assembly. “Those who won our independence by revolution,” Brandeis had written in 1919, “were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. . . . Only an emergency can justify repression. Such must be the rule if authority is to be reconciled with freedom” (Whitney v. California, 274 U.S. 357, 1927, p. 377).

Brandeis retired in 1939 and died in his Washington apartment in 1941, in surroundings more modest than he had known at the start of his life. Although he had never held political office or employed the techniques of politics or partisan organization, he had used his skills as a lawyer, publicist, and judge to promote change through the use of informed reason and the orderly processes of law. In cases involving government action to curb espionage and other alleged subversive activities, he upheld a man’s freedom to think as he will and to speak as he thinks as “indispensable to the discovery and spread of political truth” (Whitney v. California, 274 U.S. 357, 1927, p. 375). This, he believed, was the only effective path to freedom and security.

Alpheus Thomas Mason

[For the historical context of Brandeis’ work, seeJudiciary; Welfare state; and the biographies ofCardozo; Holmes; Pound. For discussion of the subsequent development of Brandeis’ ideas, seeConstitutional law.]

WORKS BY BRANDEIS

(1908) 1912 Women in Industry: Decision of the United States Supreme Court in Curt Miller v. State of Oregon. Pages 558–563 in Josephine C. Goldmark, Fatigue and Efficiency: A Study in Industry. New York: Charities Publication Committee.

(1913–1914) 1933 Other People’s Money and How the Bankers Use It. Washington: National House Library Foundation. → First published in Harper’s Weekly.

(1914) 1933 Business: A Profession. Boston: Hale, Cushman & Flint.

1934 The Curse of Bigness: Miscellaneous Papers of Louis D. Brandeis. New York: Viking.

1942 Brandeis on Zionism: A Collection of Addresses and Statements. Washington: Zionist Organization of America.

SUPPLEMENTARY BIBLIOGRAPHY

Goldmark, Josephine C. 1912 Fatigue and Efficiency: A Study in Industry. New York: Charities Publication Committee.

Mason, Alpheus T. 1946 Brandeis: A Free Man’s Life. New York: Viking. → Contains a list of Brandeis’ major writings, as well as of books published about him.

Mersky, Roy M. 1958 Louis Dembitz Brandeis, 1856–1941: A Bibliography. Yale Law Library Publications, No. 15. New Haven: Yale Law School.

Wilson, Woodrow (1908)1917 Constitutional Government in the United States. New York: Columbia Univ. Press.

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"Brandeis, Louis Dembitz." International Encyclopedia of the Social Sciences. 1968. Encyclopedia.com. 25 Jul. 2016 <http://www.encyclopedia.com>.

"Brandeis, Louis Dembitz." International Encyclopedia of the Social Sciences. 1968. Encyclopedia.com. (July 25, 2016). http://www.encyclopedia.com/doc/1G2-3045000132.html

"Brandeis, Louis Dembitz." International Encyclopedia of the Social Sciences. 1968. Retrieved July 25, 2016 from Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-3045000132.html

Brandeis, Louis Dembitz

BRANDEIS, LOUIS DEMBITZ

Louis Dembitz Brandeis's lifelong commitment to public service and social reform earned him the epithet the People's Lawyer. His twenty-three years on the Supreme Court were characterized by a deep respect for civil liberties and by an abiding distrust of centralized power in the hands of business and government.

Brandeis was famous for his prodigious intellect and his well-crafted, detailed dissents. He was a man of principle who enhanced the image of the legal profession by living up to his belief that lawyers should possess "the moral courage in the face of financial loss and personal ill-will to stand for right and justice."

Brandeis was born November 13, 1856, in Louisville, Kentucky, the youngest of four children of Adolph Brandeis and Fredericka Dembitz Brandeis. His parents were refined and well-to-do immigrants who left Prague, then part of Bohemia, in 1849. A brilliant student, Brandeis excelled in the public schools in Louisville. He also attended the Annen-Realschule, in Dresden, Germany, during his family's 1873–75 pilgrimage to Europe.

Although Brandeis did not have a college degree, he was admitted into Harvard Law School and graduated at the top of his class in 1877. Brandeis had an obvious passion for law and he considered the years at Harvard among the happiest in his life. His ties to the university were strengthened further in 1886 when he became one of the founders of the influential Harvard Law Review. Brandeis and Samuel D. Warren wrote a legendary article, "The Right to Privacy," in the December 1890 issue of the Review. It previewed Brandeis's Supreme Court opinions asserting privacy as a constitutionally guaranteed right.

After a year of graduate work Brandeis moved to St. Louis in 1878 to begin a law practice. He soon missed the intellectual stimulation of the East Coast and moved back to Boston, where he began a successful law practice with Warren. Their large firm had an impressive clientele and made Brandeis wealthy, although money held little interest for him. As he established himself professionally, Brandeis socialized with Boston's intellectual elite. In 1891, he married Alice Goldmark, a distant cousin, with whom he had two daughters.

Brandeis zealously embraced the ideals of the Progressive movement of the early twentieth century. He proved his dedication to social reform by serving as unpaid counsel in several public interest cases. Brandeis was one of the first U.S. lawyers to offer pro bono services (free legal services for people unable to afford an attorney). Along with a passionate belief in the virtue of volunteer legal work, Brandeis had a sense of fairness that compelled him to compensate his firm for any time spent in public service.

Brandeis worked without a fee to fight monopolistic streetcar franchises in Boston and to improve the questionable practices of life insurance companies. One of his most satisfying achievements was the creation of a savings bank plan that enabled people to obtain life insurance at reasonable rates. Brandeis also argued for the constitutionality of maximum hour and minimum wage laws.

In 1914, Brandeis published Other People's Money—and How the Bankers Use It, a denunciation of trusts and investment banking. The book helped inspire important antitrust legislation and earned the antipathy of many U.S. bankers and businesspeople.

"Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficient."
—Louis Brandeis

Brandeis also created a new style of legal writing, appropriately called the Brandeis brief.

With his sister-in-law Josephine Goldmark, of the National Consumer's League, Brandeis produced the first legal brief to include copious supporting data. For Muller v. State of Oregon, 208 U.S. 412, 28 S. Ct. 324, 52 L. Ed. 551 (1908), Brandeis wrote more than one hundred pages in favor of an Oregon state law mandating a maximum ten-hour workday for women. Later, when asked for an appropriate title for the seminal Muller brief, Brandeis replied, What Any Fool Knows. In the document, he described the deleterious physical and mental effects on women of extended periods of manual labor. He included references to sociology, psychology, history, politics, employment statistics, and economics; this method of amassing data from several different disciplines to persuade the court became popular with other lawyers. The legal principles of the case were discussed in about two pages.

In 1916 Brandeis was appointed by President woodrow wilson to fill the associate justice seat vacated by Joseph R. Lamar. Brandeis thus became the first Jewish American to be nominated for the High Court. His Senate confirmation hearing was a bitter, drawn-out affair because of business's fierce opposition to him and his progressive politics. Anti-Semitism was also an element in the extended, four-month proceedings. Despite virulent criticism from insurance and banking officials, Brandeis was confirmed by the Senate, 47–22.

As a Supreme Court justice, Brandeis is remembered for his eloquent dissents, often joined by colleague oliver wendell holmes jr. Brandeis's dissents frequently signaled how the Court would rule in future cases. For example, his 1928 dissent in olmstead v. united states, 277 U.S. 438, 48 S. Ct. 564, 72 L. Ed. 944, anticipated the reasoning and outcome of a Supreme Court case heard years later.

In Olmstead, Brandeis objected to the nearly unrestricted use of government wiretaps. Although the Olmstead majority approved state wiretapping unless a physical trespass was involved, Brandeis considered wholesale eavesdropping unconstitutional. In his view it violated the fourth amendment, prohibiting unreasonable government searches, and the fifth amendment, forbidding the deprivation of liberty without due process. Brandeis argued that the right to be left alone was guaranteed by the Constitution.

Almost forty years later, his views on privacy were adopted in Katz v. United States, 389 U.S. 347, 88 S. Ct. 507, 19 L. Ed. 2d 576 (1967). In Katz, relying heavily on Brandeis's reasoning, the Court overturned Olmstead, ruling that government

wiretaps were permissible only if they met procedural requirements of the Fourth Amendment.

Despite his own clear convictions, Brandeis refused to declare a law unconstitutional simply because he disagreed with it. Particularly in economic matters, Brandeis exercised judicial restraint by deferring to Congress and its legislative power.

Brandeis was an ardent defender of civil liberties. Throughout his career, he strongly urged the Court to use the fourteenth amendment to apply the bill of rights to the states. In particular, Brandeis declared that laws abridging free speech and assembly must be challenged if no emergency exists to justify them. Unless speech causes clear and imminent danger, it is unreservedly protected.

Although Brandeis was a nonobservant Jew, he was a respected leader of the American Zionist movement. From 1914 to 1921, Brandeis gave his name and public support to the movement to create a Jewish state in Palestine. In his later years Brandeis advised President franklin d. roosevelt on the establishment of a Jewish homeland and the boycott of German products.

Brandeis retired from the Court on February 13, 1939. He died at age eighty-four, on October 5, 1941.

Brandeis was honored in 1948 when a new institution of higher learning was named after him. Brandeis University is a private, Jewish-sponsored, coeducational college in Waltham, Massachusetts. The nonsectarian school offers both undergraduate and graduate degrees.

further readings

Baskerville, Stephen W. 1994. Of Laws and Limitations: An Intellectual Portrait of Louis Dembitz Brandeis. Rutherford: Fairleigh Dickinson Univ. Press.

Bracey, Christopher A. 2001. "Louis Brandeis and the Race Question." Alabama Law Review 52 (spring): 859–910.

Goodhart, Arthur L. 2000. Five Jewish Lawyers of the Common Law. Union, N.J.: Lawbook Exchange.

Schroeder, Mary Murphy. 2000. "The Brandeis Legacy." San Diego Law Review 37 (summer): 711–23.

Strum, Philippa S. 1999. "The Unlikely Radical: After a Violent Strike Shattered Louis Brandeis' Assumptions About the Legal System, He Transformed His Practice and Became the Country's Most Influential Public Interest Advocate." American Lawyer 21 (December): 42.

cross-references

Antitrust Law; "Brief for the Defendant in Error, Muller v. Oregon" (Appendix, Primary Document); Electronic Surveillance; Olmstead v. United States; Privacy; Wiretapping.

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"Brandeis, Louis Dembitz." West's Encyclopedia of American Law. 2005. Encyclopedia.com. 25 Jul. 2016 <http://www.encyclopedia.com>.

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Brandeis, Louis Dembitz

BRANDEIS, LOUIS DEMBITZ


The appointment of Louis Brandeis (18561941) to the U.S. Supreme Court made him the first Jewish Supreme Court Associate Justice in the nation's history. Before his appointment, Brandeis led a varied and successful professional life as a public advocate, a progressive lawyer, and a Zionist. Brandeis served the nation's highest court from 1916 until his retirement in 1939.

Louis Dembitz Brandeis was born November 13, 1856, in Louisville, Kentucky. His parents, Adolph and Frederika Dembitz Brandeis, were Czechoslovakian refugees who fled the failed liberal Revolution of 1848. Brandeis was raised in a family atmosphere that was intellectual, open-minded, progressive, and dedicated to freedom. This had positive impact on his character throughout his life.

Adolph Brandeis was a prosperous grain merchant. Although Louis attended public schools in Louisville, his father's wealth enabled him to spend three years in Germany where he studied at the Annen Realschule in Dresden. At the age of 18, Brandeis entered Harvard Law School, where he completed a three-year program in two years. He graduated with the highest grades received to that date in the law school's history.

After a brief period in St. Louis, Missouri, Brandeis returned to Boston in 1879 and soon established a profitable law practice. He argued and won his first U.S. Supreme Court case in 1889 on behalf of the Wisconsin Central Railroad. He also became known as "the people's lawyer" because of his pro bono (without pay) advocacy in cases involving the public interest.

In 1890 Brandeis and his former partner Samuel Warren jointly published a path-breaking article in the Harvard Law Review, "The Right to Privacy." From

the bench, Brandeis would later support this new legal concept which his article helped promote.

By the mid-1890s Brandeis's law practice was earning more than $70,000 a year, an enormous amount by the standards of the day. In 1891 Brandeis married his second cousin, Alice Goldmark, and the two dedicated themselves to public service. Through their frugal living and careful investments, they became millionaires before 1900. As their wealth grew, so did their generosity. Between 1905 and 1939, they gave away approximately $1.5 million.

In 1908, arguing before the Supreme Court in Muller vs. Oregon, Brandeis defended the constitutionality of an Oregon statute limiting the labor of women in factories to ten hours a day. In a precedent-setting brief, he included a mass of legislative and statistical data relating to the condition of women in industry along with his legal arguments. As a result, the court was forced to consider its decision in light of both the law and contemporary economic reality. Brandeis's brief became a legal model for those lawyers, judges, and social welfare proponents who were determined to humanize industrial working conditions. Associate Supreme Court Justice Felix Frankfurter wrote several years later, "The Muller case is epoch-making, not because of its decision [the Court upheld the Oregon statute], but because of the authoritative recognition by the Supreme Court that the way in which Mr. Brandeis presented the case . . . laid down a new technique for counsel charged with the responsibility of arguing such constitutional questions, and an obligation upon courts to insist upon such method of argument before deciding the issue."

Before Muller, Brandeis had tried for years to minimize what writer and sociologist Thorstein Veblen called "the discrepancy between law and fact." The law, Brandeis argued, often did not correspond to the economic and social circumstances in America. The danger, he said, was that "a lawyer who has not studied economics and sociology is very apt to become a public enemy."

Brendeis spent ten years acting as counsel for persons advocating and defending progressive laws throughout the country. His work caught the attention of the current presidential administration. On January 28, 1916, President Woodrow Wilson (18561924) nominated Brandeis, then 59, to the U.S. Supreme Court. His activism, however, made confirmation difficult. Two years before his nomination, Brandeis had published two influential books: Other People's Money and How the Bankers Use It (1914) and Business, a Profession (1914). Both books were critical of business practices of the time, particularly those of investment bankers. For over four months the Senate Judiciary Committee heard heated testimony for and against Brandeis's nomination to the nation's highest court for more than four months. Some considered Brandeis's nomination to be a radical threat to the American legal system, but his appointment was finally confirmed by a 47 to 22 vote. The appointment broke an unwritten ban that had kept Jews from serving on the Supreme Court or in high positions of government.

Brandeis served on the high court through the Great Depression and postWorld War I period. In his major judicial opinions Brandeis often concurred with the dissenting opinions of the great jurist Oliver Wendell Holmes. Many of their dissents were in defense of the First Amendment guarantees relating to freedom of speech. Following World War I (19141918), in several decisions upholding the Espionage Act of 1918, the Court, with only Justices Holmes and Brandeis dissenting, denied the right of free speech based on the argument that certain statements or opinions might provoke violent acts. For example, in Abrams v. United States, the Court upheld a 20-year jail sentence imposed on five Russian immigrants who had published two booklets protesting U.S. actions in their native land. The booklets contained a few quoted phrases from the Communist Manifesto. The Court, again with Brandeis in dissent, also held that pacifism on religious grounds was a legitimate cause for barring U.S. citizenship to an individual.

In a famous dissent from the New State Ice Company of Oklahoma City vs. Liebman, Brandeis summed up his philosophy: "It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. This Court has the power to prevent an experiment. We may strike down the state law, which embodies it on the ground that, in our opinion, the measure is arbitrary, capricious or unreasonable. But in the exercise of this high power, we must be ever on our guard, lest we erect our prejudices into legal principles. If we would guide by the light of reason, we must let our minds be bold."

Justice Brandeis resigned from the Supreme Court in February 1939. He died in 1941.

See also: Liberalism


FURTHER READING

Abraham, Henry J. Justices and Presidents: A Political History of Appointments to the Supreme Court. 2d ed. New York: Oxford University Press, 1985.

Bates, Ernest Sutherland. The Story of the Supreme Court. Indianapolis: Bobbs Merrill, 1938.

Burt, Robert A. Two Jewish Justices: Outcasts in the Promised Land. Berkeley and Los Angeles: University of California Press, 1988.

Konefsky, Samuel J. The Legacy of Holmes and Brandeis: A Study in the Influence of Ideas. New York: The Macmillan Company, 1956.

Mason, Alpheus Thomas. Brandeis: A Free Man's Life. New York: Viking Press, 1946.

Strum, Philippa. Brandeis: Beyond Progressivism. Lawrence, Kan.: University Press of Kansas, 1993.

it is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.

louis brandeis, new state ice company of oklahoma city vs. liebman, 1932

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Louis Dembitz Brandeis

Louis Dembitz Brandeis

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.

Brandeis was born on Nov. 13, 1856, in Louisville, Ky., to Adolph and Fredericka Dembitz Brandeis. His parents were Bohemian Jews who had come to America in the aftermath of those European revolutionary movements of 1848 that had sought to establish liberal political institutions and to strengthen the processes of democracy so as to safeguard the dignity and potential for self-development of the common man.

In 1875, at the age of 18, Brandeis entered the Harvard Law School without a formal college degree; he achieved one of the most outstanding records in its history. At the same time he tutored fellow students in order to earn money (necessary because of his father's loss of fortune in the Panic of 1873). Although Brandeis was not the required age of 21, the Harvard Corporation passed a special resolution granting him a bachelor of law degree in 1877. After a further year of legal study at Harvard, he was admitted to the bar.

Early Legal Career

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. Init 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.

Years of Public Service

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.

Appointment to the Supreme Court

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 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.

Personal Interests

Brandeis married Alice Goldmark in 1891, and they had two daughters. Part of his personal life was his commitment to fellow Jews. He became a leading Zionist, supporting the attempt to develop a Jewish nation in Palestine.

Another of Brandeis's great interests was the building up of strong regional schools as a means of strengthening local areas against the threat of national centralization. To this end, beginning in 1924, he helped formulate and develop the law school and general library of the University of Louisville.

Brandeis died on Oct. 5, 1941. His commitments to justice, education, and Judaism were commemorated several years later in the founding of Brandeis University in Waltham, Mass.

Further Reading

The standard scholarly biography of Brandeis, unfortunately slim so far as his judicial career is concerned, is Alpheus Thomas Mason, Brandeis: A Free Man's Life (1946). A good introduction to his legal ideas is Samuel Joseph Konefsky, The Legacy of Holmes and Brandeis (1956). Alexander M. Bickel in The Unpublished Opinions of Mr. Justice Brandeis (1957) presents good examples of the justice's painstaking methods in preparing his judicial opinions. Paul A. Freund, Brandeis's former clerk, presents a moving portrait in Allison Dunham and Philip B. Kurland, eds., Mr. Justice (1964). For general historical background see Robert Green McCloskey, The American Supreme Court (1960), and Arthur M. Schlesinger, Jr.'s three volumes: The Age of Roosevelt: The Crisis of the Old Order (1957), The Coming of the New Deal (1959), and The Politics of Upheaval (1960). □

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"Louis Dembitz Brandeis." Encyclopedia of World Biography. 2004. Encyclopedia.com. 25 Jul. 2016 <http://www.encyclopedia.com>.

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Brandeis, Louis

Louis Brandeis

Born: November 13, 1856
Louisville, Kentucky
Died: October 5, 1941
Washington, D.C.

American Supreme Court justice

Louis Brandeis was a lawyer who dedicated his life to public service, earning the nickname the "people's attorney." As an associate justice of the U.S. Supreme Court, he tried to balance the developing powers of modern government and society with the defending of individual freedoms.

Early life and education

Louis Dembitz Brandeis was born on November 13, 1856, in Louisville, Kentucky, to Adolph and Fredericka Dembitz Brandeis. His parents were Bohemian Jews who had come to America after the revolutionary movement of 1848 to create an independent Bohemia failed and was crushed by Austria. The Brandeis family was educated, and they believed in strengthening the processes of democracy in order to protect the common man's dignity and right to self-development.

Brandeis lived and studied in Europe for three years after graduating from Louisville public schools at the age of fifteen. In 1875, at the age of eighteen, Brandeis entered Harvard Law School without a college degree, achieving one of the most outstanding records in the school's history. At the same time he tutored fellow students in order to earn money, which was necessary because of business losses suffered by his father. Although Brandeis was not the required age of twenty-one, the Harvard Corporation passed a special resolution granting him a bachelor of law degree in 1877. After another year of legal study at Harvard, he was allowed to practice law.

Years of public service

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 stated the view he later repeated in the Supreme Court case of Olmstead v. United States (1928): he argued that the makers of the Constitution, as evidence of their effort to protect Americans, intended for people to have "the right to be let alone 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, a group of alumni (graduates of the school), and he served for many years as its secretary.

By 1890 Brandeis was earning good money as a lawyer and was able to serve, without pay, in support of various public causes. When a fight arose, for example, over preservation of the Boston subway system, he helped save it. He also helped lead the opposition to the New Haven Railroad's attempt to remain the sole provider of transportation in New England. He worked to change Massachusetts' liquor laws in an attempt to prevent liquor dealers from bribing lawmakers rather than complying with the laws. The Massachusetts State Legislature's adoption of a savings-bank life insurance system was the result of his investigation of the problems of existing insurance programs.

Brandeis also took part in the effort to bring legal protections to industrial workers, and as part of this effort he contributed a major idea to the Supreme Court legal process. In 1908, while defending an Oregon law that established fair wages and hours for women laborers, Brandeis introduced what came to be known as the "Brandeis brief." In the brief he took into consideration the various factors that had led to the passing of the law. Many lawyers followed the Brandeis brief. In their arguments they presented scientific evidence and expert opinion on the social problems of the day that were reflected in court cases.

Appointment to the Supreme Court

President Woodrow Wilson (18561924) 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 into the growing concentration of wealth in large corporations and such effects on democracy. In 1914 he published Other People's Money, and How the Bankers Use It, in which he set down his views in opposition to corporate growth.

Wilson's nomination of Brandeis to the Supreme Court on January 28, 1916, started a dirty political fight. Six former presidents of the American Bar Association and former president of the United States William Howard Taft (18571930) criticized Brandeis for his "radical" (extreme) political views. Some anti-Semitism (prejudice against Jewish people) was involved, as 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 his retirement on February 13, 1939.

Brandeis often joined his fellow justice Oliver Wendell Holmes Jr. (18411935) in disagreeing with the Court's willingness to make judgments about fiscal (economic) and social policy that opposed those of individual states. Also with Holmes Brandeis bravely defended civil liberties throughout this era. When he did approve of wide use of state powers, it was only in the interest of furthering individual self-fulfilment. He also rejected the ability of states to infringe upon (take away from) a citizen's liberty. Two examples are the Olmstead case, which involved wiretapping, and Whitney v. California, in which Brandeis opposed a California law prohibiting free speech.

Personal interests

Brandeis married Alice Goldmark in 1891, and they had two daughters. Part of his personal life was his commitment to fellow Jews. He became a leading supporter of the movement to develop an independent Jewish nation in Palestine. Another of Brandeis's great interests was the building up of strong regional schools as a means of strengthening local areas against the threat of national control of education. To this end, beginning in 1924, he helped plan and develop the law school and general library of the University of Louisville.

Brandeis died on October 5, 1941. His commitments to justice, education, and Judaism were honored several years later in the founding of Brandeis University in Waltham, Massachusetts.

For More Information

Freedman, Suzanne. Louis Brandeis: The People's Justice. Springfield, NJ: Enslow, 1996.

Gal, Allon. Brandeis of Boston. Cambridge, MA: Harvard University Press, 1980.

Strum, Philippa. Louis D. Brandeis: Justice for the People. Cambridge, MA: Harvard University Press, 1984.

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Brandeis, Louis Dembitz

Louis Dembitz Brandeis (brăn´dīs), 1856–1941, associate justice of the U.S. Supreme Court (1916–39), b. Louisville, Ky., grad. Harvard law school, 1877. As a successful Boston lawyer (1879–1916), Brandeis distinguished himself by investigating insurance practices and by establishing (1907) Massachusetts savings-bank insurance. After defending (1900–1907) the public interest in Boston utility cases, he served (1907–14) as counsel for the people in proceedings involving the constitutionality of wages and hours laws in Oregon, Illinois, Ohio, and California. In Muller v. Oregon (1908) he persuaded the U.S. Supreme Court that minimum-hours legislation for women was reasonable—and not unconstitutional—with a brief primarily consisting of statistical, sociological, economic, and physiological information. This "Brandeis brief," as it came to be called, revolutionized legal practice by ensuring that the law would not be viewed as rigid and unchanging, but would be responsive to new situations, new realities, and new facts as they arose.

Brandeis opposed (1907–13) the monopoly of transportation in New England and successfully argued (1910–14) before the Interstate Commerce Commission against railroad-rate increases. In 1910 as a counsel in the congressional investigation of Richard A. Ballinger, he exposed the anticonservationist views of President Taft's secretary of the interior. As an arbitrator (1910) of a strike of New York garment workers, who were mainly Jewish, Brandeis, a largely secular Jew, became acutely aware of Jewish problems and afterward became a leader of the Zionist movement. An enemy of industrial and financial monopoly, he formulated the economic doctrine of the New Freedom that Woodrow Wilson adopted in his 1912 presidential campaign.

In 1916, over the protests of vested interests whom Brandeis had alienated in his role as "people's attorney" and despite opposition voiced by anti-Semites and certain business interests, Wilson appointed him to the U.S. Supreme Court. Long an advocate of social and economic reforms, he maintained a position of principled judicial liberalism on the bench. With Oliver Wendell Holmes, he often dissented from the majority. After Franklin Delano Roosevelt became (1933) president, Brandeis was one of the few justices who voted to uphold most of Roosevelt's New Deal legislation. He retired from the bench in 1939. Brandeis Univ. is named after him. He wrote Other People's Money (1914) and Business, a Profession (1914). For selections of his writings, see Alfred Lief, ed., The Social and Economic Views of Mr. Justice Brandeis (1930); O. K. Fraenkel, ed., The Curse of Bigness (1935); Solomon Goldman, ed., The Words of Justice Brandeis (1953).

See his letters, ed. by M. I. Urofsky and D. W. Levy (1971); biographies by A. T. Mason (1946, repr. 1956) and M. I. Urofsky (2009); studies by M. I. Urofsky (1971, repr. 1981), P. Strum (1984), and N. L. Dawson, ed. (1989); A. M. Bickel, The Unpublished Opinions of Mr. Justice Brandeis (1957).

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"Brandeis, Louis Dembitz." The Columbia Encyclopedia, 6th ed.. 2016. Encyclopedia.com. 25 Jul. 2016 <http://www.encyclopedia.com>.

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