Louisville Lawyers in the Latest Issue of The Green Bag

04Oct17

We haven’t received the Summer 2017 issue of The Green Bag yet here at the Law Library, but it has appeared online, which these days may be the only edition that matters. I’m being stubborn and waiting for my paper copy so I haven’t read the entire thing, but there are two articles I wanted to bring attention to.

While doing some Brandeis-related research, I stumbled across an 1883 speech by Louisville lawyer (and one-time partner of Brandeis’s uncle Lewis Dembitz) Byron Bacon called “How to Explain to Your Client Why You Lost His Case.” Even though the speech was over 130 years old, I thought it was still pretty funny and forwarded it on to Ross Davies at The Green Bag, who decided to publish it along with an introduction and a couple footnotes by yours truly. The humor might be a little dry for some people, but I think it has held up amazingly well.

Like I said, I haven’t read the rest of the issue yet, but I did notice that Brandeis got cited in one of the other articles. Andrew Jensen Kerr’s “The Law According to the Most-Cited Law Review Articles of All Time” attempts to summarize the breadth of American law with points made from the 50 most cited articles from law journals. The result is a delightfully bizarre synopsis that not only includes a citation to Brandeis’s “The Right to Privacy” article, but also one to an article by William Prosser that indulges in some odd speculation about the physical attractiveness of the daughter of Brandeis’s co-author, Samuel Warren. This article is even funnier than Bacon’s.

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