cearta.ie

the Irish for rights

The original Brandeis brief

Image of Louis D Brandeis, via OyezLouis D Brandeis (left), as lawyer, and as judge of the US Supreme Court, championed such unpopular causes as freedom of speech, privacy and worker protection. Arising from his belief that law is a device to shape social, economic, and political affairs, one of his enduring legacies is what has become known as the Brandeis Brief: a legal argument which relies not only on legal argument but also on analysis of empirical data. It was first deployed by Brandeis in Muller v Oregon 208 US 412 (1908), where he marshalled statistics from medical and sociological journals which demonstrated overwork was inimical to the workers’ health to support his argument that legislation limiting hours for female laundry workers was constitutional. The Law School of the University of Louisville is named for Brandeis, and I learn from Dan Ernst on Legal History Blog that Louisville have now made the original Brandeis Brief available online.

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2 Responses to “The original Brandeis brief”

  1. Eoin says:

    I’ve just found Brandeis and Harlan Watch, a blog by Scott Campbell, Archivist of the Brandeis and Harlan papers at the University of Louisville Law Library, dedicated to to publicizing appearances of Louis D. Brandeis of John Marshall Harlan on the web and in the media.

  2. […] holidays. As the dispute between its shareholders demonstrates, sunlight is the best disinfectant (Louis Brandeis, Other People’s Money, and How the Bankers Use (1914) chapter 5). The kinds of matters which […]

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Me in a hatHi there! Thanks for dropping by. I'm Eoin O'Dell, and this is my blog: Cearta.ie - the Irish for rights.

"Cearta" really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.

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