Global Information Lookup Global Information

Brandeis brief information


Louis Brandeis introduced the original Brandeis brief in 1908.

The Brandeis brief was a pioneering legal brief that was the first in United States legal history to rely more on a compilation of scientific information and social science literature than on legal citations.[1] It is named after then-litigator and eventual associate Supreme Court Justice Louis Brandeis, who presented it in his argument for the 1908 US Supreme Court case Muller v. Oregon. The brief was submitted in support of a state law restricting the amount of hours women were allowed to work.[2] The Brandeis brief consisted of more than 100 pages, only two of which were devoted to legal argument.[3] The rest of the document contained testimony by medics, social scientists, and male workers arguing that long hours had a negative effect on the "health, safety, morals, and general welfare of women."[4][5]

Brandeis's sister-in-law, legal reformer Josephine Clara Goldmark of the National Consumers League, helped compile most of the information in the brief.[6] In describing these women's research efforts, Ruth Bader Ginsburg wrote the following:

Josephine Goldmark, aided by her sister Pauline and several other volunteer researchers, scoured the Columbia University and New York Public Libraries in search of materials of the kind Brandeis wanted—facts and figures on dangers to women’s health, safety, and morals from working excessive hours, and on the societal benefits shortened hours could yield. Data was extracted from reports of factory inspectors, physicians, trade unions, economists, and social workers. Within a month, Goldmark’s team compiled information that filled 98 of the 113 pages in Brandeis’ brief.[7]

The Brandeis brief had its faults and its audacity is sometimes overstated. Oregon's attorney general filed a traditional companion brief that cited the needed legal precedents.[8] Some of the scientific evidence detailed in the Brandeis brief was later challenged and refuted.[8] But it still is regarded as a pioneering attempt to combine law and social science.[9] The Brandeis brief changed the direction of the Supreme Court and of U.S. law. It is considered a model for future Supreme Court presentations in cases affecting the health or welfare of classes of individuals. This strategy of combining legal argument with scientific evidence was later successfully used in Brown v. Board of Education to demonstrate the harmful psychological effects of segregated education on African-American children.[10][11]

  1. ^ Strum, Philippa (1989). "Brandeis and the Living Constitution". In Dawson, Nelson L. (ed.). Brandeis and America. Lexington, Ky.: University Press of Kentucky. p. 120. ISBN 978-0-8131-1690-7.
  2. ^ Schwartz, Bernard (1993). A history of the Supreme Court. New York: Oxford University Press. p. 215. ISBN 978-0-19-508099-5.
  3. ^ Rosen, Paul L. (1972). The Supreme Court and social science. Urbana, Ill.: University of Illinois Press. p. 78. ISBN 978-0-252-00235-9.
  4. ^ Johnson, John W. (1992). "Brandeis Brief". In Hall, Kermit (ed.). The Oxford companion to the Supreme Court of the United States. New York: Oxford University Press. pp. 100–101. ISBN 978-0-19-505835-2.
  5. ^ Baer, Judith A. (1978). The chains of protection: the judicial response to women's labor legislation. Westport, Conn.: Greenwood Press. p. 57. ISBN 978-0-8371-9785-2.
  6. ^ Jewish Women's Archive, "Josephine Clara Goldmark."
  7. ^ Ginsburg, Ruth Bader (Jan 28, 2016). "Lessons learned from Louis D. Brandeis". BrandeisNOW. Archived from the original on Oct 19, 2023. Retrieved Oct 19, 2023.
  8. ^ a b Bernstein, David E. (Autumn 2011). "Brandeis Brief Myths" (PDF). The Green Bag. 15 (1): 9–15.
  9. ^ Yovel, Jonathan; Mertz, Elizabeth (2004). "The Role of Social Science in Legal Decisions". In Sarat, Austin (ed.). The Blackwell Companion to Law and Society. Malden, Mass.: Blackwell Publishing. p. 414. ISBN 978-1-78034-114-9.
  10. ^ Finkelman, Paul, ed. (2009). "NAACP Legal Defense and Educational Fund". Encyclopedia of African American History, 1896 to the Present: From the Age of Segregation to the Twenty-First Century. Oxford: Oxford University Press. p. 420. ISBN 978-0-19-516779-5.
  11. ^ Cawthorne, Elisabeth A. (2004). Medicine on Trial: A Handbook With Cases, Laws, and Documents. Santa Barbara, Calif.: ABC-CLIO. p. 81. ISBN 978-1-85109-564-3.

and 24 Related for: Brandeis brief information

Request time (Page generated in 0.8972 seconds.)

Brandeis brief

Last Update:

The Brandeis brief was a pioneering legal brief that was the first in United States legal history to rely more on a compilation of scientific information...

Word Count : 805

Louis Brandeis

Last Update:

Louis Dembitz Brandeis (/ˈbrændaɪs/; November 13, 1856 – October 5, 1941) was an American lawyer who served as an associate justice on the Supreme Court...

Word Count : 16596

Brandeis

Last Update:

The Brandeis brief, a 1908 document written by Brandeis as a litigator Brandeis Medal, awarded by the University of Louisville's Louis D. Brandeis Society...

Word Count : 213

New Brandeis movement

Last Update:

The New Brandeis or neo-Brandeis movement is an antitrust academic and political movement in the United States which argues that excessively centralized...

Word Count : 2611

National Consumers League

Last Update:

could work in non-hazardous professions. Kelley helped to file the Brandeis Brief, which included sociological and medical evidence of the hazards of...

Word Count : 1468

Florence Kelley

Last Update:

provide the information organized by lawyer Louis Brandeis in what became known as the Brandeis Brief to demonstrate the harmful effects of overtime on...

Word Count : 4297

William French Anderson

Last Update:

Conviction Unravels Gene Pioneer's Life", Wired, September 25, 2007 Brandeis Brief in the Case of In Re William French Anderson, January 2, 2013 Dr. French...

Word Count : 4129

Kfar Brandeis

Last Update:

Kfar Brandeis (lit: Brandeis village) is a neighborhood in the Israeli city of Hadera. Kfar Brandeis was founded as a rural village in 1927, and was named...

Word Count : 335

History of labor law in the United States

Last Update:

constitutional, with the downside that this justified sex discrimination. The "Brandeis Brief" with social scientific evidence helped win the case. Gompers v. Buck's...

Word Count : 2156

Jan Adolf Brandeis

Last Update:

media related to Jan Adolf Brandeis. Works about Brandeis @ the Databáze Národní knihovny Entry on Brandeis @ AbART Brief biography @ Pavel Scheufler...

Word Count : 259

Louis Brandeis Supreme Court nomination

Last Update:

Louis Brandeis was nominated to serve as an associate justice of the Supreme Court of the United States by U.S. President Woodrow Wilson on January 28...

Word Count : 8142

Ayaan Hirsi Ali

Last Update:

Retrieved 6 January 2019. "Statement from Brandeis University". Brandeis University. Retrieved 9 April 2014. "Brandeis University withdraws planned honorary...

Word Count : 15777

Josephine Clara Goldmark

Last Update:

major amicus curiae brief for the United States Supreme Court case Muller v. Oregon, which is popularly known as the Brandeis Brief after her brother-in-law...

Word Count : 720

Josh Mostel

Last Update:

a boy soprano at the Metropolitan Opera in New York. He graduated from Brandeis University. His Broadway debut was in 1971 with Unlikely Heroes. In 1973...

Word Count : 448

Steven Culp

Last Update:

the University of Exeter in the United Kingdom. He earned an M.F.A. from Brandeis University in 1981. One of Culp's earliest roles was in Jason Goes to Hell:...

Word Count : 835

Anita Hill

Last Update:

author. She is a professor of social policy, law, and women's studies at Brandeis University and a faculty member of the university's Heller School for Social...

Word Count : 5683

Maternalist reform

Last Update:

ISBN 9780857454669. Brandeis, L. D. (1907). The Brandeis Brief. Retrieved January 27, 2010, from http://www.law.louisville.edu/library/collections/brandeis/node/235...

Word Count : 1082

Abraham Maslow

Last Update:

culminating in self-actualization. Maslow was a psychology professor at Brandeis University, Brooklyn College, New School for Social Research, and Columbia...

Word Count : 6954

Allan Lichtman

Last Update:

graduated from Stuyvesant High School. Lichtman received his B.A. degree from Brandeis University in history in 1967, and graduated Phi Beta Kappa and magna cum...

Word Count : 2183

Eddie Fisher

Last Update:

at Brandeis University, one for classical and one for popular music, in the name of Eddie Cantor. In 1960, RCA Victor dropped him and he briefly recorded...

Word Count : 2553

Henry Friendly

Last Update:

decision to appoint him as a law clerk to Justice Louis Brandeis on the Supreme Court. Brandeis was aware of Friendly's intellectual achievements at Harvard;...

Word Count : 11146

Joan Crawford filmography

Last Update:

culled from the series Journey to the Unknown "Community Awards". www.brandeis.edu. Retrieved 2024-03-02. Vincent Terrace, Experimental Television, Test...

Word Count : 766

William Howard Taft

Last Update:

discreditable about Brandeis, Taft intervened with a letter signed by himself and other former ABA presidents, stating that Brandeis was not fit to serve...

Word Count : 18383

Israel

Last Update:

on Society, Politics, and Foreign Relations, Pre-1948 to the Present. Brandeis. p. 74. ISBN 978-0-87451-962-4. David Tal (2004). War in Palestine, 1948:...

Word Count : 38827

PDF Search Engine © AllGlobal.net