Archive for January, 2008

The University of Cincinnati Law Review has an essay by Michael Gerhardt that expounds upon Chief Justice Roberts’ idea of humility in judges. (“Constitutional Humility,” 76 UCLR 23) Gerhardt traces the idea back to an essay written by James Thayer and then lists the judges he feels best exemplifies that quality. Brandeis makes the list, […]


This is an old one, but I just found it so I’m going ahead and posting it. Reason Magazine asked 14 leading libertarians who their favorite US Supreme Court justices were: past present and future. 4 of the respondents picked Brandeis, primarily, it seems for his dissent in Olmstead. Interestingly, Randy Barnett claimed not to […]


Since I’ve always suspected that the real purpose of blogging was self-promotion, it gives me great pleasure to announced that a collection of Harlan’s writings edited by myself has been published in the latest issue of the Journal of Supreme Court History (volume 32, number 3.) Harlan wrote about 7 or 8 essays about his […]


The SBLI documentary is playing on tv tonight here in Louisville and Tom Dorsey, the Courier-Journal tv critic, has given it a nice review. He also states that Brandeis plays a large part in the PBS documentary series “Jewish Americans” which begins tomorrow night.


One of Brandeis’ most famous achievements was his “Right to Privacy” article which he co-authored with his then partner Samuel Warren. Two new articles provide new looks at this classic article. Many scholars and theorists have complained that there really is no right to privacy and that Brandeis and Warren invented it with their article. […]