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The Living Law
==Progressive==
==Progressive==
His social conscience made Brandeis a leader of the [[Progressive Era|Progressive Movement]]. From 1897 to 1916, he was in the thick of multiple reform crusades. He fought in Boston to secure honest traction franchises and in 1907 launched a six-year fight to prevent banker [[J. P. Morgan]] from monopolizing New England's railroads. After an expose of insurance fraud in 1906, he devised the Massachusetts plan to protect small wage-earners through savings bank life insurance. He supported the conservation movement and in 1910 emerged as the chief figure in the Pinchot-Ballinger investigation.
His social conscience made Brandeis a leader of the [[Progressive Era|Progressive Movement]]. From 1897 to 1916, he was in the thick of multiple reform crusades. He fought in Boston to secure honest traction franchises and in 1907 launched a six-year fight to prevent banker [[J. P. Morgan]] from monopolizing New England's railroads. After an expose of insurance fraud in 1906, he devised the Massachusetts plan to protect small wage-earners through savings bank life insurance. He supported the conservation movement and in 1910 emerged as the chief figure in the Pinchot-Ballinger investigation. Like many other progressives of his day, Brandeis was tired of outmoded 18th-century conceptions of liberty.<ref>{{cite book|author=Richard A. Epstein|title=How Progressives Rewrote the Constitution|url=https://books.google.com/books?id=-U6QAAAAQBAJ&pg=PA4|year=2007|publisher=Cato Institute|page=4}}</ref>
===Brandeis Brief===
===Brandeis Brief===
During this flurry of reform, two central themes emerged in Brandeis' social philosophy. First, the law had to be responsive to changing social conditions and, while protecting individual and corporate rights, had to be flexible enough to permit governments to devise measures for the welfare and safety of their citizens.
During this flurry of reform, two central themes emerged in Brandeis' social philosophy. First, the law had to be responsive to changing social conditions and, while protecting individual and corporate rights, had to be flexible enough to permit governments to devise measures for the welfare and safety of their citizens.
* "The progress of [[science]] in furnishing the [[big government|government]] with means of [[espionage]] is not likely to stop with wire tapping. Ways may some day be developed by which the [[Police state|government]], without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a [[jury]] the most intimate occurrences of the home. Advances in the psychic and related sciences may bring means of exploring unexpressed beliefs, thoughts and emotions. 'That places the [[liberty]] of every man in the hands of every [[tyrant|petty officer]]' was said by James Otis of much lesser intrusions than these. 1 To Lord Camden a far slighter intrusion seemed '[[subversive]] of all the comforts of society.' Can it be that the [[Constitution]] affords no protection against such invasions of [[Fourth Amendment|individual security]]?"
* "The progress of [[science]] in furnishing the [[big government|government]] with means of [[espionage]] is not likely to stop with wire tapping. Ways may some day be developed by which the [[Police state|government]], without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a [[jury]] the most intimate occurrences of the home. Advances in the psychic and related sciences may bring means of exploring unexpressed beliefs, thoughts and emotions. 'That places the [[liberty]] of every man in the hands of every [[tyrant|petty officer]]' was said by James Otis of much lesser intrusions than these. 1 To Lord Camden a far slighter intrusion seemed '[[subversive]] of all the comforts of society.' Can it be that the [[Constitution]] affords no protection against such invasions of [[Fourth Amendment|individual security]]?"
** Dissenting, ''[[Olmstead v. United States]]'', 277 U.S. 438 (1928).
** Dissenting, ''[[Olmstead v. United States]]'', 277 U.S. 438 (1928).
* ''Legal Science Static''. Political as well as economic and social science noted these revolutionary changes. But legal science - the unwritten or judge-made laws as distinguished from legislation - was largely deaf and blind to them. Courts continued to ignore newly arisen social needs. They applied complacently 18th century conceptions of the liberty of the individual and of the sacredness of private property.
** ''The Living Law'', ''Illinois Law Review'', February 16, 1916
* Urofsky, Melvin I. "Louis D. Brandeis: Advocate Before and on the Bench." ''Journal of Supreme Court History'' (2005) 30(1): 31-46. Issn: 1059-4329 Fulltext: [[Ebsco]]
* Urofsky, Melvin I. "Louis D. Brandeis: Advocate Before and on the Bench." ''Journal of Supreme Court History'' (2005) 30(1): 31-46. Issn: 1059-4329 Fulltext: [[Ebsco]]
===Primary sources===
===Works by Brandeis===
* [https://archive.org/details/TheLivingLawLouisBrandeis ''The Living Law''], ''Illinois Law Review'', February 16, 1916
* Brandeis, Louis D. ''Brandeis on Zionism: A Collection of Addresses and Statements'' (1942). [http://www.questia.com/read/62016869 online edition]
* Brandeis, Louis D. ''Brandeis on Zionism: A Collection of Addresses and Statements'' (1942). [http://www.questia.com/read/62016869 online edition]
* Brandeis, Louis D. ''The Curse of Bigness: Miscellaneous Papers'' edited by Osmond K. Fraenkel, (1934);
* Brandeis, Louis D. ''The Curse of Bigness: Miscellaneous Papers'' edited by Osmond K. Fraenkel, (1934);
* Brandeis, Louis D. ''Business--A Profession'' (1914) [http://books.google.com/books?id=7sMtAAAAMAAJ&dq=inauthor:brandeis&num=30&as_brr=1 full text online]
* Brandeis, Louis D. ''Business--A Profession'' (1914) [http://books.google.com/books?id=7sMtAAAAMAAJ&dq=inauthor:brandeis&num=30&as_brr=1 full text online]
* Brandeis, Louis D. ''Other People's Money and How the Bankers Use It'' (1914)
* Brandeis, Louis D. ''Other People's Money and How the Bankers Use It'' (1914)
===Primary sources===
* Lief, Alfred, ed. ''The Social and Economic Views of Mr. Justice Brandeis'' (1930)
* Lief, Alfred, ed. ''The Social and Economic Views of Mr. Justice Brandeis'' (1930)
* Strum, Philippa, ed. ''Brandeis: Beyond Progressivism'' (1995) [http://www.amazon.com/Brandeis-Beyond-Progressivism-Modern-Studies/dp/0700606874/ref=sr_1_9/103-4827826-5463040?ie=UTF8&s=books&qid=1194654748&sr=1-9 excerpt and text search]
* Strum, Philippa, ed. ''Brandeis: Beyond Progressivism'' (1995) [http://www.amazon.com/Brandeis-Beyond-Progressivism-Modern-Studies/dp/0700606874/ref=sr_1_9/103-4827826-5463040?ie=UTF8&s=books&qid=1194654748&sr=1-9 excerpt and text search]