Brandeis and Judicial Modesty


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, as does Holmes, Cardozo, Frankfurter, Learned Hand among others.

I couldn’t find a copy of the article on SSRN but the University of Cincinnati has posted a video of Gerhardt giving the speech that the article is based on.

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