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Business: a profession

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Excerpt from Business-a Profession

It is true that at the present time the lawyer does not hold that position With the people which he held fifty years ago; but the reason is in my opinion not lack of opportunity. It is because, instead of holding a position of independence between the wealthy and the people, prepared to curb the excesses of either, the able lawyers have to a great extent allowed them selves to become an adjunct of the great corporations, and have neglected their obligation to use their powers for the protection of the people. If we are to solve the important economic, social and industrial ques tions Which have become political questions also, it seems to me clear that the attitude of the lawyer in this respect must be materially changed. The great opportunity of the American Bar is and will be to stand again as it did in the past, ready to protect also the interests of the people.eplicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

327 pages, Hardcover

Published January 1, 1971

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About the author

Louis D. Brandeis

61 books27 followers
Louis Dembitz Brandeis was an American lawyer and Associate Justice on the Supreme Court of the United States from 1916 to 1939.

He was born in Louisville, Kentucky, to Jewish immigrant parents from Bohemia, who raised him in a secular home. He enrolled at Harvard Law School, graduating at the age of twenty with the highest grade average in the law school's history.

Brandeis settled in Boston where he became a recognized lawyer through his work on progressive social causes. Starting in 1890, he helped develop the "right to privacy" concept by writing a Harvard Law Review article of that title, and was thereby credited by legal scholar Roscoe Pound as having accomplished "nothing less than adding a chapter to our law". He later published a book titled Other People's Money And How the Bankers Use It, suggesting ways of curbing the power of large banks and money trusts, which partly explains why he later fought against powerful corporations, monopolies, public corruption, and mass consumerism, all of which he felt were detrimental to American values and culture. He also became active in the Zionist movement, seeing it as a solution to antisemitism in Europe and Russia, while at the same time being a way to "revive the Jewish spirit."

When his family’s finances became secure, he began devoting most of his time to public causes and was later dubbed the “People’s Lawyer.” He insisted on serving on cases without pay so that he would be free to address the wider issues involved. The Economist magazine calls him "A Robin Hood of the law." Among his notable early cases were actions fighting railroad monopolies; defending workplace and labor laws; helping create the Federal Reserve System; and presenting ideas for the new Federal Trade Commission (FTC). He achieved recognition by submitting a case brief, later called the "Brandeis Brief," which relied on expert testimony from people in other professions to support his case, thereby setting a new precedent in evidence presentation.

In 1916, President Woodrow Wilson nominated Brandeis to become a member of the Supreme Court. However, his nomination was bitterly contested, partly because, as Justice William O. Douglas wrote, "Brandeis was a militant crusader for social justice whoever his opponent might be. He was dangerous not only because of his brilliance, his arithmetic, his courage. He was dangerous because he was incorruptible. . . [and] the fears of the Establishment were greater because Brandeis was the first Jew to be named to the Court." He was eventually confirmed by the Senate by a vote of 47 to 22 on June 1, 1916,—21 Republican Senators and one Democratic Senator (Francis G. Newlands of Nevada) voted against his nomination—and became one of the most famous and influential figures ever to serve on the high court. His opinions were, according to legal scholars, some of the "greatest defenses" of freedom of speech and the right to privacy ever written by a member of the Supreme Court.

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