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Louis Dembitz Brandeis (1856–1941)—IN MEMORIAM
Published online by Cambridge University Press: 12 February 2016
Extract
It is not possible to give full expression, within the limited space allotted for this article to the many activities of this remarkable man; to speak of his innumerable arguments on behalf of public interest before the courts of law, Committees of Congress, State Legislative Committees, and the Interstate Commerce Commision, of his scattered writings and speeches on the problems of his time, or of his role in the Zionist movement in which he has been such a prominent figure; and above all to attempt to write a summary of his judicial opinions. I will only touch on his main interests, which I believe lead to the heart and kernel of the thinking of Justice Brandeis, to the best of his teachings and true values.
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- Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1971
References
1 Pool, Ernest, “Introductory article”, in Brandeis, , Business—a Profession (Boston, Small, Maynard & Co., 1914) xi.Google Scholar
2 Pool, ibid.
3 His office was located at 505 Chestnut Street. In 1936, on the twentieth anniversary of Justice Brandeis' appointment to the Supreme Court, the St. Louis Bar Association placed a commemorative bronze tablet there bearing this inscription: “On this site, Louis Dembitz Brandeis, Justice of the Supreme Court of the United States, began the practice of law in 1878. From this spot spread the influence of a great lawyer, a social philosopher and a wise judge. Presented by his friends, under the auspices of the Bar Association of St. Louis, 1936.”
4 133 U.S. 496.
5 Mason, Alphens Thomas, Brandeis, A Free Man's Life 69.Google Scholar
6 208 U.S. 412.
7 Lochner v. New York 198 U.S. 45.
8 The Court, speaking through Mr. Justice David Josiah Brewer, made the following remark: “… It may not be amiss, in the present case, before examining the constitutional question, to notice the course of legislation, as well as expressions of opinion from other than judicial sources. In the brief filed by Mr. Louis D. Brandeis … is a very copious collection of all these matters. … The legislation and opinions referred to in the margin may not be, technically speaking, authorities, and in them is little or no discussion of the constitutional question presented to us for determination, yet they are significant of a widespread belief that woman's physical structure, and the functions she performs in consequence thereof, justify special legislation restricting or qualifying the conditions under which she should be permitted to toil. Constitutional questions, it is true, are not settled by even a consensus of present public opinion … At the same time, when a question of fact is debated and debatable, and the extent to which a special constitutional limitation goes is affected by the truth in respect to that fact, a widespread and long continued belief concerning it is worthy of consideration”. 208 U.S. 412, 419–21.
9 Quoted in Brandeis, , Other People's Money (1932) 162.Google Scholar
10 Statement before Senate Committee on Interstate Commerce, December 14, 1911.
11 Statement before United States Commision on Industrial Relations, January 23, 1915.
12 Liggett v. Lee, 288 U.S. 517 (1933).
13 Ibid., pp. 548–49.
14 Ibid., pp. 568–74.
15 Ibid., pp. 564–65.
16 Ibid., p. 580.
17 Ibid., pp. 578, 579.
19 3: 14, 15.
20 Haas, Jacob De, Louis D. Brandeis: a Biographical Sketch, (New York, Bloch Publishing Co., 1929) 161–2.Google Scholar
21 “You are one of the Americans I had wanted to meet', Lord Balfour remarked”, Dugdale, Blanche E.C., Arthur James Balfour (London, Hutchinson & Co., 1926) Vol. II p. 231.Google Scholar
22 September 9, 1920.
23 U.S. Congress: Senate committee on the Judiciary. 64th Congress, 1st session. Nomination of Brandeis, Louis D., Washington D.C.U.S. Government Printing Office, 1916.Google Scholar
24 244 U.S. 590 (1917).
25 Ibid., p. 599.
26 Ibid., p. 600.
27 Ibid., p. 613, 614, 615.
28 Ibid., p. 616.
29 244 U.S. 147 (1917).
30 Ibid., p. 154.
31 Ibid., p. 166.
32 Charles Beard's foreword page xx in The Social and Economic Views of Mr. Justice Brandeis, collected, with introductory notes, by Alfred Lief.
33 Hamilton, Walton, “The Jurist's Art” in Justice Brandeis, Mr., edited by Frankfurter, Felix (New Haven, Yale University Press, 1932) 188.Google Scholar
34 274 U.S. 357, 372 (1927).
35 277 U.S. 438, 471 (1928).
36 In the High Court of Justice of Israel, in the case of the communist newspaper published in Israel in Hebrew, Kol Ha'am v. the Home Secretary and in the case of the communist newspaper published in Israel in Arabic, Alitihad v. the Home Secretary (1953) 1 P.D. 871 at 878 and 889 certain parts of this opinion were quoted and translated into Hebrew by Mr. Justice Agranat.
37 Bergson, Henri: The Two Sources of Morality and Religion (Henry Holt, New York, 1935) 67–8.Google Scholar