According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.
As a young lawyer in the late nineteenth and early twentieth centuries, Louis Brandeis, born into a family of reformers who came to the United States to escape European anti-Semitism, established the way modern law is practiced. He was an early champion of the right to privacy and pioneer the idea of pro bono work by attorneys. Brandeis invented savings bank life insurance in Massachusetts and was a driving force in the development of the Clayton Antitrust Act, the Federal Reserve Act, and the law establishing the Federal Trade Commission. Brandeis witnessed and suffered from the anti-Semitism rampant in the United States in the early twentieth century, and with the outbreak of World War I, became at age fifty-eight the head of the American Zionist movement. During the brutal six-month congressional confirmation battle that ensued when Woodrow Wilson nominated him to the Supreme Court in 1916, Brandeis was described as “a disturbing element in any gentlemen’s club.” But once on the Court, he became one of its most influential members, developing the modern jurisprudence of free speech and the doctrine of a constitutionally protected right to privacy and suggesting what became known as the doctrine of incorporation, by which the Bill of Rights came to apply to the states. In this award-winning biography, Melvin Urofsky gives us a panoramic view of Brandeis’s unprecedented impact on American society and law.
The great monopoly in this country is money. So long as that exists, our old variety and individual energy of development are out of the question. A great industrial nation is controlled by its system of credit.
Originally published in 1982 by Oxford University Press and featured in a front-page story in the Sunday New York Times, this book describes the relationship between Justice Louis D. Brandeis and then-Harvard law professor Felix Frankfurter. While on the Court, Brandeis provided Frankfurter with funds to promote a variety of political reforms. The book sparked a debate about the ethics of extrajudicial activities by Supreme Court justices. “This book sets out an historical narrative of hitherto unknown, undiscovered, yet rather extensive political activities by two major, highly respected justices of the United States Supreme Court... It now appears that in one of the most unique relationships in the Court’s history, Brandeis enlisted Frankfurter, then a professor at Harvard Law School, as his paid political lobbyist and lieutenant. Working together over a period of twenty-five years, they placed a network of disciples in positions of influence, and labored diligently for the enactment of their desired programs. This adroit use of the politically skillful Frankfurter as an intermediary enabled Brandeis to keep his considerable political endeavors hidden from the public. Not surprisingly, after his own appointment to the Court, Frankfurter resorted to some of the same methods to advance governmental goals consonant with his own political philosophy. As a result, history virtually repeated itself, with the student placing his own network of disciples in various agencies and working through this network for the realization of his own goals.” — Bruce Allen Murphy, in the Introduction to The Brandeis-Frankfurter Connection “This study of the extrajudicial activities of two celebrated Justices of the Supreme Court makes a valuable and fascinating, if somewhat schizophrenic, book... Murphy has done a first-class job of research, supplementing his labors in the Brandeis and Frankfurter papers by extensive investigation in other manuscript collections and the Columbia University oral histories and by fruitful interviews with survivors... The Brandeis-Frankfurter Connection is a useful book. It is useful because it makes us think hard about standards of judicial behavior... And it is useful because it makes us think realistically about the Court itself.” — Arthur Schlesinger, Jr., The New York Times “The Brandeis-Frankfurter Connection contains at once a great historical find and a thoughtful and, at times, brilliant essay on judicial propriety. This book deals superbly with questions not only of a citizen’s legitimate expectations for Supreme Court behavior but also of the broader role and hope for the performance of government... [Murphy] is a very reluctant muckraker who, after laying out the details, tries in a four-page conclusion to take much of it back, insisting that both the late justices ‘will survive as giants of twentieth-century America.’” — Bob Woodward, The Washington Post “[F]ascinating reading... a serious and commendable work of scholarship, a partial but engaging and persuasive portrait of the Washington political community for a good slice of the 20th century.” — Nelson W. Polsby, Commentary Magazine “A valuable study... the views of [Brandeis and Frankfurter] and their efforts to win acceptance for them have never been so searchingly studied and evaluated.” — Frank Freidel, The American Historical Review “Murphy has authored a solidly researched and important book... Murphy amply demonstrates both his thorough research abilities and his talent for weaving material together to produce a work that flows like a well-written mystery... [and] deserve[s] much credit... for assembling hitherto known and unknown facts and placing them in a useful perspective... an important work.” — Alan Betten, University of Baltimore Law Review “Murphy’s book persuasively demonstrates that Brandeis and Frankfurter never ceased to be the kind of men they were before they went to the bench-political men. Not that their behavior was unique or unprecedented. Murphy reminds readers that two-thirds of those who have sat on the highest court have engaged in ‘off-the-bench political activity’... Perhaps this book continues to stir emotions precisely because it establishes so convincingly the political effectiveness of two remarkable judges-men who have too long been esteemed as models of a pristine judicial probity that in our nation probably cannot exist.” — Victoria Schuck, The Wilson Quarterly
Ferdinand Pecora investigated with ruthlessly abandon the nation’s most influential bankers and stockbrokers to determine what caused the Wall Street Crash of 1929, which in turn led to the Great Depression. Pecora, as Chief Counsel of Senate launched investigation, shined a vivid light on the shocking practices, deception, and lack of ethics that permeated Wall Street from the bottom to the highest echelons of power. Wall Street’s major players thought they were untouchable masters of their domain, but in the hot seat of the witness chair, eye-to-eye with Pecora, they were no match and fell like dominoes. The mighty J. P. Morgan was forced to admit he and many of his partners hadn’t paid any income taxes in the previous two years and his reputation was tarnished. Pecora’s expose of the practices of National City Bank (now Citibank) made banner headlines and caused the bank’s president to resign. Pecora Wall Street Under Oath in easy to understand language because he was afraid the public might get forgetful. And he was right. Federal Reserve Chairman Ben Bernanke said the 2008 “Great Recession” was actually worse than the Great Depression. Clearly, we need to stay vigilant with a refresher course from Ferdinand Pecora. First published in 1939, this classic book is as relevant today as it was then – because on Wall Street, greed is always in style.
In 1912, a group of ambitious young men, including future Supreme Court justice Felix Frankfurter and future journalistic giant Walter Lippmann, became disillusioned by the sluggish progress of change in the Taft Administration. The individuals started to band together informally, joined initially by their enthusiasm for Theodore Roosevelt's Bull Moose campaign. They self-mockingly called the 19th Street row house in which they congregated the "House of Truth," playing off the lively dinner discussions with frequent guest (and neighbor) Oliver Wendell Holmes, Jr. about life's verities. Lippmann and Frankfurter were house-mates, and their frequent guests included not merely Holmes but Louis Brandeis, Herbert Hoover, Herbert Croly - founder of the New Republic - and the sculptor (and sometime Klansman) Gutzon Borglum, later the creator of the Mount Rushmore monument. Weaving together the stories and trajectories of these varied, fascinating, combative, and sometimes contradictory figures, Brad Snyder shows how their thinking about government and policy shifted from a firm belief in progressivism - the belief that the government should protect its workers and regulate monopolies - into what we call liberalism - the belief that government can improve citizens' lives without abridging their civil liberties and, eventually, civil rights. Holmes replaced Roosevelt in their affections and aspirations. His famous dissents from 1919 onward showed how the Due Process clause could protect not just business but equality under the law, revealing how a generally conservative and reactionary Supreme Court might embrace, even initiate, political and social reform. Across the years, from 1912 until the start of the New Deal in 1933, the remarkable group of individuals associated with the House of Truth debated the future of America. They fought over Sacco and Vanzetti's innocence; the dangers of Communism; the role the United States should play the world after World War One; and thought dynamically about things like about minimum wage, child-welfare laws, banking insurance, and Social Security, notions they not only envisioned but worked to enact. American liberalism has no single source, but one was without question a row house in Dupont Circle and the lives that intertwined there at a crucial moment in the country's history.
"The author of The Butler presents a revelatory biography of the first African-American Supreme Court justice--one of the giants of the civil rights movement, and one of the most transforming Supreme Court justices of the 20th century, "--Novelist.
